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theological  seminary, 

Princeton,  N.  J. 


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Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 
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https://archive.org/details/prizeessaysonconOOIadd 


y 

PRIZE  ESSAYS 


ON  A 


'CONGRESS  OF  NATIONS, 


FOR  THE  ADJUSTMENT  OF  INTERNATIONAL  DISPUTES,  AND  FOR  THE 
PROMOTION  OP  UNIVERSAL  PEACE  WITHOUT 
RESORT  TO  ARMS. 


TOGETHER  WITH  A SIXTH  ESSAY, 


COMPRISING  THE  SUBSTANCE  OF  THE 


REJECTED  ESSAYS. 


BOSTON: 

PUBLISHED  BY  WHIPPLE  & DAMRELL, 

FOR  THE  AMERICAN  PEACE  SOCIETY. 


1840, 


WILLIAM  S.  DAMRELL,  PRINTER. 

No.  9 Cornhill,  Boston. 


PREFACE. 


A Congress  of  Nations  has  been  a favorite  plan  with  the 
American  Peace  Society,  ever  since  its  first  organization 
at  New  York,  in  1828.  At  the  first  annual  meeting,  a 
premium  of  thirty  dollars  was  offered  for  the  best  Essay  on 
the  subject  of  a Congress  of  Nations,  which  was  subse- 
quently raised  to  fifty  dollars,  hut  without  any  adequate 
result;  for,  although  four  or  five  Essays  were  presented, 
one  only  was  thought  to  have  any  merit ; and  that  had 
but  little;  hut  it  was  published  by  the  Society,  and 
pretty  extensively  circulated  and  read. 

As  these  low  offers  of  the  Peace  Society  did  not  produce 
the  desired  effect,  two  gentlemen  of  New  York,  in  the 
year  1831,  offered,  through  the  periodical  of  the  Society, 
but  without  taking  any  vote  of  the  board  of  directors,  five 
hundred  dollars  for  the  best  Essay  on  a Congress  of 
Nations,  and  one  hundred  for  the  second  best ; and  the 
Hon.  Joseph  Story,  Wm.  Wirt  and  John  M’Lean  were 
appointed  as  the  committee  to  award  the  premium. 
About  forty  Essays  were  handed  in  for  this  prize.  The 


IV 


PREFACE. 


committee  of  award  could  not  agree  on  any  one  Essay  as 
superior  to  the  others,  but  recommended  that  the  premium 
should  be  divided  among  five  of  the  best,  which  they 
designated.*  This  plan  did  not  suit  the  gentlemen  who 
offered  the  premium,  and  they  did  not  consider  themselves 
bound  by  it.  They  therefore  rejected  it,  and  immediately 
raised  the  premium  to  one  thousand  dollars  for  the  best 
Essay  only,  and  extended  the  time  of  receiving  the  Essays 
to  the  20th  of  June,  1834;  and  they  appointed  the  Hon. 
John  Q,.  Adams,  Chancellor  Kent  and  Thomas  S.  Grimke 
the  committee  of  award.  The  much  lamented  Grimke 
died  of  the  cholera,  in  1834,  by  which  the  cause  of  Peace 
suffered  an  irreparable  loss.  The  Hon.  Daniel  Webster 
consented  to  take  his  place  in  the  committee.  But  one 
other  Essay  was  offered  under  the  enlarged  premium, 
though  some  were  withdrawn  and  published  by  their 
authors  in  one  form  or  another.  The  second  committee 
were  no  more  fortunate  than  the  first,  and  could  not  agree 


* Award  of  the  Committee. — The  subscribers,  according  to  the  request  of  the  committee 
of  the  American  Peace  Society,  have  carefully  read  the  several  Essays  which  have 
been  transmitted  to  them  by  the  committee,  for  the  purpose  of  awarding  the  prizes 
authorized  by  the  Society  for  the  two  Essays. 

Upon  full  consideration,  they  are  of  opinion  that  five  of  the  Essays  possess  very  high 
merit ; and  that  their  merit  is  so  nearly  equal,  and  yet  of  so  distinct  a character,  that 
injustice  would  be  done  by  awarding  the  highest  prize  to  any  one,  to  the  exclusion  of 
the  others.  With  a view,  therefore,  to  a just  distribution  of  the  prizes,  and,  as  the  best 
means  of  accomplishing  the  important  objects  of  the  Society,  they  respectfully  recom- 
mend, in  lieu  of  the  prizes,  as  proposed  by  the  Society,  that  the  whole  sum  of  six 
hundred  dollars  should  be  equally  divided  among  the  authors  of  these  five  Essays  ; and 
that  each  of  them  should  be  published  for  general  distribution. 

In  testimony  whereof,  we  have  hereunto  set  our  hands,  this  29th  day  of  April,  1833. 

JOSEPH  STORY, 
WM.  WIRT, 

JOHN  M’EEAN. 


PREFACE. 


V 


in  awarding  the  prize  to  any  one  candidate ; and  it  was 
found  impossible  to  get  either  committee  to  revise  their 
labors,  being  gentlemen  of  high  standing  in  society,  and 
their  time  precious ; and  the  gentlemen  v'^ho  offered  the 
prize  declined  having  any  thing  further  to  do  with  the 
business.* 

This  placed  the  American  Peace  Society  in  a very 
awkward  predicament.  They  had  suffered  their  period- 
ical to  be  used  for  giving  publicity  to  the  offer  of  the 
premium ; and  they  felt  that  they  were  in  honor  bound 
to  see  that  the  best  writers  should  not  go  altogether 
unrewarded.  The  President  of  the  Society  read  the 
Essays,  and  found  that  they  contained  matter  too  good  to 
be  lost  to  the  world ; and  the  Society  authorized  him, 
together  with  such  other  person  as  he  should  choose  out 
of  the  Executive  Committee,  to  select  five  of  the  best 
Essays,  regarding,  but  not  being  bound  by,  the  previous 
awards,  to  be  published  in  a volume,  together  with  a 
sixth  Essay,  composed  by  the  President,  and  containing 
all  the  matter  relevant  to  the  subject  which  was  elicited 
by  the  rejected  Essays,  with  such  other  remarks  as  might 
occur  to  him.  The  Committee  obtained  all  they  could  of 
these  Essays,  amounting  tothirty-five.  How  many  were 


* Award  of  the  second  Committee. — The  referees,  to  whom  were  submitted,  by  the 
Secretary  of  the  American  Peace  Society,  the  several  Essays  offered  for  the  premium  of 
one  thousand  dollars,  are  of  opinion,  that  among  the  Essays  submitted,  there  is  not  one 
so  decidedly  superior  to  all  the  rest  as  not  only  to  be  worthy  of  the  prize,  but  exclusively 
worthy.  And  as  the  Essays  were  submitted  on  that  condition,  the  referees  do  not 
make  any  award  in  the  case. 

JOHN  aUINCY  ADAMS, 
JAMES  KENT, 

February,  1837.  DANIEL  WEBSTER. 


VI 


PREFACE. 


withdrawn,  they  have  no  means  of  knowing.  Many  of 
the  Essays  had  no  accompanying  sealed  paper,  with  a 
corresponding  signature,  and  but  few  of  these  papers  were 
ever  obtained  by  the  publishing  committee,  who  selected 
those  Essays  which  they  considered  the  best,  in  which 
selection  they  have  the  happiness  to  agree  with  the 
distinguished  gentlemen  of  the  first  two  committees. 

Several  of  the  rejected  Essays  were  equal,  and  perhaps 
superior,  to  those  selected ; but  they  were  only  introduc- 
tory to  the  subject  of  a Congress  of  Nations.  They  were 
very  good  Essays  on  the  general  subject  of  Peace  and 
War;  and  it  is  very  desirable  that  they  should  be  given 
to  the  public ; but  they  contained  very  few  remarks  on  the 
subject  of  a Congress  of  Nations,  which  was  the  object 
of  those  who  offered  the  premium,  as  well  as  of  the  Peace 
Society,  and  to  publish  them  would  not  answer  the 
purpose  intended.  Probably  the  reader  of  the  volume 
will  think  that  we  have  retained  too  much  introduction, 
and  that  the  portico  is  larger  than  the  temple.  We  have 
placed  the  Essay  which  had  most  of  introduction  first  in 
order,  so  that  the  reader  will  find  less  of  it  in  the 
subsequent  Essays. 

The  author  of  the  first  Essay  is  John  A.  Bolles,  Esq., 
a member  of  the  bar  in  Boston,  Massachusetts.  As  has 
been  already  observed,  a great  part  of  this  Essay  is  taken 
up  in  an  introduction  to  the  subject.  There  are  in  it 
some  very  severe  remarks  on  the  Holy  Alliance  and 
the  partition  of  Poland,  which  were  retained  by  mis- 
take. It  was  intended  to  omit  them,  as  we  do  not 
expect  to  drive  either  monarchs  or  private  citizens  into 
our  measures  by  reproaches;  but  to  draw  them  by 


PREFACE. 


Vli 


persuasion  acting  on  their  self-love  and  their  philan- 
thropy. 

The  second  Essay,  by  Hamilton,  is  one  of  those  of 
which  the  committee  of  publication  have  no  means  of 
ascertaining  its  author,  until  he  shall  make  himself 
known.  This  Essay  contains  many  valuable  thoughts, 
but  there  is  great  want  of  arrangement,  and,  consequently, 
much  repetition.  The  style  is  often  very  much  involved 
and  obscure.  It  must  be  read  with  the  very  closest 
attention,  and  then  it  will  repay  the  labor  of  the  perusal ; 
for  many  of  the  thoughts,  when  one  gets  at  them,  are 
rich  and  original.  This  Essay  stood  high  on  the  list  of 
one  of  the  most  distinguished  of  the  former  umpires. 
Nevertheless,  we  should  advise  the  reader, — particularly 
if  he  has  not  time  to  read  the  whole  volume,  — to  pass 
over  this  Essay  until  he  has  read  the  others.  If  it  should 
be  asked  why  the  publishing  committee  chose  this  Essay, 
with  all  its  faults,  we  answer,  that,  though  among  the 
rejected  Essays  were  some  superior  to  this  in  point  of 
thought  and  composition,  there  is  not  one  so  much  to  the 
purpose ; which  is,  to  elicit  discussion  on  the  subject  of  a 
Congress  of  Nations,  and  not  on  the  general  subject  of 
Peace  and  War.  Besides  this,  the  publishing  committee 
had  an  eye  to  the  opinions  of  the  previous  committees, 
and  this  influenced  the  choice. 

The  third  Essay,  signed  M.,  the  author  of  which,  for 
the  reasons  above  stated,  is  at  present  unknown,  is  very 
beautiful  in  its  language,  and  its  style  is  perspicuous; 
but  it  does  not  enter  deeply  into  the  subject  of  a Congress 
of  Nations,  nor  take  so  practical  a view  of  it  as  is 
desirable ; but  there  is  too  much  of  a general  nature  in  it. 


Vlll 


PREFACE. 


There  is  also  in  it  some  confusion  of  ideas  on  the  subject 
of  adjudication.  This  must  ever  be  the  case  with  all 
those  who  make  no  distinction  between  the  legislative 
diXidL  judieial  functions  of  a Congress  and  Court  of  Nations. 
These  functions  can  never  be  safely  entrusted  to  the 
same  hands.  We  see  that,  in  the  best  regulated  govern- 
ments, they  are  distinct  branches ; and  that  this  distinction 
is  absolutely  necessary  to  civil  liberty.  Too  much  power 
should  never  be  entrusted  to  one  body  of  men.  By 
dividing  the  power  between  two  or  more  distinct  bodies, 
we  increase  the  responsibility,  and  secure  our  own  priv- 
ileges. It  is  not  likely,  however,  that  this  distinction 
would  readily  occur  to  every  writer  on  a Congress  of 
Nations,  for  it  does  not  appear,  or  appears  very  faintly,  in 
any  previous  plan  of  international  government. 

The  fourth  Essay  is  by  Professor  Upham,  of  Bowdoin 
College,  in  Maine.  This  Essay  has  been  already  once  or 
twice  before  the  public ; having  been,  in  part,  published 
in  the  Christian  Mirror,  a religious  newspaper,  and  in  the 
Manual  of  Peace,  an  octavo  volume.  Mr.  Upham  enters 
at  once  into  his  subject;  and,  as  he  has  before,  in  his 
Manual  of  Peace,  treated  on  most  of  the  subjects  of 
international  law,  he  does  not  notice  these  topics  in  his 
Essay  on  a Congress  of  Nations,  which  was  once  proposed 
for  the  premium,  but  withdrawn,  on  account  of  the  delay 
in  rendering  the  award.  In  this  Essay,  Mr.  Upham 
introduces  some  historical  notices  of  various  congresses, 
and  objects  of  attention  for  a Congress  of  Nations,  such  as 
improvement  in  the  law  of  nations — military  regulations 
in  time  of  peace — extinction  of  the  slave  trade — a uni- 
form system  of  weights  and  measures — insufficiency  of 


PREFACE. 


IX 


present  modes  of  redress — objections  to  the  proposed 
Congress,  and  circnmstances  favorable  to  it,  and  some 
other  topics.  The  reader  will  observe  that  these  topics 
are  not  much  handled  by  the  other  writers ; and,  though 
much  good  would  result  to  the  world  from  the  discussion 
of  them  in  a Congress  of  Nations,  there  are  other  subjects 
of  sufficient  importance  to  call  a general  convention  of 
delegates  from  all  civilized  and  Christian  nations. 

The  fifth  Essay  was  written  by  a gentleman  of  New 
York,  who  chooses  to  remain  unknown.  This  Essay 
was  offered  with  the  others,  and  was  one  of  those  marked 
as  deserving  of  the  prize;  but  was  subsequently  with- 
drawn, and  published  in  a volume  by  itself.  As  the 
greater  part  of  the  published  volume  consists,  like  most 
of  the  rejected  Essays,  of  an  introduction  to  the  subject, 
or  general  remarks  on  Peace  and  War,  only  the  concluding 
remarks  of  that  Essay  are  republished  in  this  volume,  as 
the  only  part  bearing  particularly  on  a Congress  of 
Nations.  Many  good  and  original  ideas  will  be  found  in 
this  Essay. 

Of  the  sixth  and  last  Essay,  it  does  not  become  us  to 
say  much.  The  author  has  endeavored  to  comprise  all 
the  thoughts  on  a Congress  of  Nations,  contained  in  the 
rejected  Essays,  worth  preserving.  He  differs  from  all  the 
other  Essays,  either  accepted  or  rejected,  in  dividing  the 
subject  into  two  parts,  viz.,  a Congress  of  Nations,  for  the 
purpose  of  settling  the  principles  of  international  law ; and 
a Court  of  Nations,  for  the  adjudication  of  cases  submitted 
to  it  by  the  mutual  consent  of  two  or  more  contending 
nations.  He  has  studied  brevity,  perspicuity,  and  ar- 
rangement, rather  than  a fine  style  of  writing.  His  Essay 

B 


X 


PREFACE. 


consists  chiefly  of  a statement  of  facts,  the  general  history 
of  former  attempts  at  a Congress  of  Nations,  and  of  the 
peace  enterprise  in  this  country  and  in  Europe,  so  far  as 
it  relates  to  a Congress  of  Nations,  together  with  a copious 
Appendix,  containing  many  of  the  petitions  to  legislative 
bodies,  and  all  their  reports  and  resolves  on  them. 

With  the  question  of  the  lawfulness  of  defensive  war,  or 
its  consistency  with  the  spirit  of  the  gospel,  these  Essays 
have  nothing  to  do.  It  is  entirely  irrelevant  to  the  subject. 
This  is  common  ground,  on  which  men,  of  opposite 
sentiments  with  respect  to  the  consistency  of  defensive 
war  with  the  gospel,  may  meet ; provided  only  that  they 
are  friends  of  Peace,  and  prefer  it  to  war,  and  allow  to 
civil  governments  the  power  of  seeking  the  things  which 
make  for  Peace. 

The  repetition  of  ideas  is  not  so  great  in  these  Essays 
as  one  would  expect.  The  subject  being  new,  different 
thoughts  have  been  elicited;  and  this  was  the  chief  object 
in  offering  the  premium.  There  is  doubtless  great  imper- 
fection in  any  plan  of  an  international  congress,  which 
has  ever  been  devised.  But  a man  of  moderate  talents, 
by  always  viewing  a subject  by  itself,  and  intensely 
beholding  it,  and  examining  it  in  all  its  bearings,  will 
understand  it  better  than  a superior  genius  who  gives  it 
only  a passing  notice.  If  the  publication  of  these  Essays 
shall  attract  the  attention  of  some  man  of  superior  talents, 
and  induce  him  to  offer  a better  plan  for  the  abolition  of 
the  custom  of  war,  the  chief  object  of  the  American  Peace 
Society,  in  publishing  these  Essays,  will  be  answered. 
The  conversation  of  two  obscure  individuals,  concerning 
the  distribution  of  the  Bible  in  Wales,  gave  rise  to  the 


PREFACE. 


XI 


British  and  Foreign  Bible  Society, — the  parent  of  all  the 
other  Bible  societies  in  the  world.  May  a similar  success 
attend  the  endeavors  of  the  friends  of  Peace  of  the  present 
generation. 

In  order  to  obtain  this  result,  it  is  necessary  that  this 
volume,  or  some  better  treatise  on  the  subject,  should  be 
distributed  as  widely  as  possible.  It  is  the  intention  of 
the  American  Peace  Society  to  present  a copy  of  it  to  the 
President  of  the  United  States,  the  heads  of  departments, 
the  Governors  of  every  State  in  the  Union,  to  every  foreign 
ambassador  in  Washington,  and  to  every  crowned  head 
in  Europe,  and  to  the  executive  of  every  republic  in 
America.^  The  London  Peace  Society  are  expected  to 
assist  in  the  general  circulation  of  the  volume,  and  to 
present  a copy  of  it  to  every  foreign  ambassador  in  the 
principal  courts  in  Europe.  They  have  engaged  to  take 
two  hundred  and  fifty  copies  of  the  work.  It  is  desirable 
that  all  our  colleges,  academies  and  law  schools,  and  all 
our  public  libraries  should  be  furnished  with  a copy ; and 
for  this  purpose  those  friends  of  Peace,  who  have  sub- 
scribed for  more  than  one  copy,  are  requested  to  present  a 
volume  to  those  institutions  which  may  be  in  their 
neighborhood. 

The  London  Peace  Society  have  offered  a premium  of 
one  hundred  guineas  for  the  best  Essay  on  Peace  and  War, 
and  twenty  guineas  for  the  second  best,  in  which  it  is 


* The  Hon.  John  O.  Adams,  who  has  read  all  these  Essays,  thus  expresses  himself, 
in  a letter,  dated  September  4,  1838,  to  the  President  of  the  American  Peace  Society  : 
“ The  publication  of  the  five  dissertations,  and  the  distribution  of  them  among  the 
princes  and  rulers  of  nations,  will  awaken  and  keep  alive  the  attention,  both  of  Europe 
and  America,  to  the  subject.” 


PREFACE. 


xii 

expected  that  a Congress  of  Nations  will  form  a prominent 
feature ; and  it  is  expected  that  they  will  invite  the  friends 
of  Peace  in  this  country,  and  on  the  continent  of  Europe, 
to  write  for  the  prize.  We  hope  that  many  Essays  will 
go  from  this  country ; and  that  thus,  by  a mutual  inter- 
change of  sentiment,  and  the  action  of  mind  upon  mind, 
and  of  opinion  upon  opinion,  a plan  will  at  length  be 
struck  out,  which  will  unite  all  the  friends  of  Peace  in 
both  hemispheres  in  the  object ; and  then  governments 
must  follow,  of  course,  for  opinion  rules  the  world ; and, 
though  we  cannot  expect  perfection  in  the  first  attempt, 
we  may  reasonably  expect  that  great  good  will  be  done, 
many  wars  be  prevented,  and  their  evils  diminished;  and 
that,  at  length,  nations  will  submit  all  their  disputes  to  the 
decision  of  reason,  like  rational  creatures,  and  no  longer 
look  to  brute  force  as  the  only  arbiter  of  national  disputes ; 
and  that,  finally,  the  useless  sword  will  be  beaten  to  a 
ploughshare,  and  the  nations  learn  war  no  more. 

But  these  great  events  cannot  be  expected  without  a 
sacrifice,  — and  the  prominent  friends  of  Peace  have  been 
called  to  make  great  individual  sacrifices  to  maintain  their 
cause.  It  is  probable  that  even  this  hook  will  cause  great 
individual  sacrifice,  considering  the  numbers  distributed 
gratuitously,  the  payment  of  the  premiums  to  the  success- 
ful writers,  and  the  very  low  price  at  which  the  book  is 
put  to  subscribers.  Of  this  they  do  not  complain;  but 
they  know  that  tliey  are  not  able,  even  with  these  great 
sacrifices,  sufficiently  to  support  the  cause.  It  requires 
much  printing,  lecturing  and  preaching,  to  bring  the  world 
to  the  same  state  of  opinion  and  feeling  on  this  subject 
which  prevails  in  the  State  of  Massachusetts,  where  the 


PREFACE. 


Xlll 


cause  is  better  understood  than  in  any  State  in  the  Union ; 
and  hence  the  favorable  results  in  her  Legislature.  When 
this  shall  have  been  effected,  we  know  that  the  great  plan 
of  a Congress  of  Nations  must  go  into  operation,  and 
millions  of  money  saved,  a small  part  of  which  would 
now  insure  success. 


William  Ladd, 
Geo.  C.  Beckwith. 

Boston,  February,  1840. 


iilt' *■ 

;„•.  ijt  'l‘.> 


4 ' '' 

;rj*  ■■  (/■'V,!'  • i 


/ 


I 


lit 


CONTENTS. 


1.  Essay  by  John  A.  Bolles, 9 

2.  Essay  by  Hamilton, 93 

3.  Essay  by  M., 197 

4.  Essay  by  Thomas  C.  Upham, 345 

5.  Essay  by  A Friend  of  Peace, 427 

6.  Essay  by  William  Ladd, 509 

Appendix, 639 


,4.'5 


r . t 4, 

(u'.  ^ 'i  ■ -M 

...  W<  1 ■ ' ' , n 

• "-v  ; f 

, ^ y.w****  ^ 

' . , , v 't 


-S'  i 


ESSAY 

ON  A 

CONGRESS  OF  NATIONS, 


FOR  THE  ADJUSTMENT  OF  INTERNATIONAL  DISPUTES,  AND  FOR  THE 
PROMOTION  OF  UNIVERSAL  PEACE,  WITHOUT 
RESORT  TO  ARMS. 


By  JOHN  A.  BOLLES. 


2 


I 


INTRODUCTION. 


The  following  Essay,  upon  “ a Congress  of  Nations  for 
the  pacific  adjustment  of  international  disputes,”  is  divided 
into  four  chapters. 

In  the  first  chapter,  are  set  forth  some  of  the  arguments 
which  prove  the  reasonableness  of  that  doctrine,  upon 
which  are  based  all  the  hopes  and  all  the  labors  of  the 
friends  of  peace,  namely,  the  doctrine  that  war  will 
eventually  give  way  to  universal  peace.  The  arguments 
adduced  are  apart  from  the  testimony  of  divine  Revelation, 
and  are  such  as  every  human  being,  Christian  or  infidel, 
can  alike  appreciate. 

Chapter  second  presents  a brief  outline  of  the  history 
and  character  of  international  jurisprudence,  intended,  at 
once,  to  show  the  necessity  which  exists  for  a common 
tribunal,  to  determine  the  unsettled  principles  of  this  code 
of  laws,  and  the  probability  that  the  projected  Congress 
would  supply  that  necessity. 

The  third  chapter  suggests  the  manner  in  which  a 
Congress  of  Nations  may  be  formed,  and  organized, — the 


XU 


INTRODUCTION. 


purposes  of  its  creation, — the  extent  and  nature  of  its 
jurisdiction, — its  modes  of  operation, — and  the  sanctions 
that  might  be  affixed  to  its  decrees. 

The  fourth  chapter  embraces  an  inquiry  into  the 
question,  of  how  much  light  is  shed  by  history  upon  the 
subject  of  such  a Congress,  containing  a comparison  of  the 
proposed  tribunal  with  some  of  the  most  remarkable 
political  alliances  of  ancient  and  modern  times. 

This  whole  field  of  inquiry  is  yet,  comparatively, 
unexplored.  It  is  hoped,  that  the  following  pages  will, 
in  some  degree,  excite  and  direct  towards  it  the  attention 
of  wise  and  good  men.  It  is  the  author’s  earnest  desire, 
that  what  he  has  written  may  encourage  other  and  abler 
writers  to  illuminate  this  most  interesting  and  important 
subject  with  the  strong  light  of  genius  and  learning,  and 
that,  in  process  of  time,  the  Almighty  will  raise  up  wise 
and  powerful  rulers,  through  whose  recommendation  and 
efforts,  the  peaceful  system,  herein  developed,  may  be 
carried  into  active  and  successful  operation. 

He  whose  hands  shall  contribute  to  the  accomplishment 
of  this  glorious  result,  when  leaving  the  scene  of  his 
labors,  may  well  take  up  the  grateful  exclamation  of  the 
patriarchal  Simeon,  uttered  as  his  arms  embraced  the 
infant  “Prince  of  peace,”  “Now,  Lord,  lettest  thou  thy 
servant  depart  in  peace,  for  mine  eyes  have  seen  thy 
salvation!  ” 


Boston,  1834. 


ESSAY. 


CHAPTER  1. 

REASONABLENESS  OF  THE  BELIEF  THAT  WAR  WILL  EVENTUALLY 
CEASE— AND  THE  DUTIES  ARISING  FROM  THAT  BELIEF. 

In  the  midst  of  the  strife  and  warfare  which  have 
always  existed  amongst  the  family  of  man,  bright 
visions  of  a happier  era  have  arisen  before  the 
imagination  of  the  poet,  of  the  prophet,  and  of  the 
philosopher.  The  poet,  in 

“ Thoughts  that  breatlie,  and  words  that  bum,” 

has  sung  of  a golden  age  of  peace,  long  since  passed 
away.*  The  philosopher  has  speculated  upon  the 
nature  of  man,  and  the  tendency  ^f  the  great  current 


* “ Aurea  prima  sata  est  attas,  quse  vindice  nullo, 

Sponte  sua,  sine  lege,  fidem  rectumque  colebant 

Sine  militis  usu 

Mollia  securse  peragebant  otia  mentes.” 

Ovid,  Metamorphoseon,  LAb.  1. 


14 


CONGRESS  OF  NATIONS. 


6 


of  human  events,  until  his  hopes  have  descried,  in  the 
far  distant  future,  a sunny  period,  wherein  the  clangor 
of  war  shall  be  unheard, — its  scenes  of  blood  and  wo 
unknown,  and  the  world  shall  become  a happy  family, 
— a universal  brotherhood.  The  prophet,*  inspired 
by  the  wisdom  of  Heaven,  has  clearly  foreseen, 
and  boldly  foretold,  that  an  age  is  approaching,  when 
peace  shall  cover,  with  her  dove-like  wings,  the  whole 
earth ; when  the  lion  and  the  lamb  shall  lie  down  in 
harmony  together ; when  old  battle-fields  shall  smile 
with  the  harvest  of  undisturbed  husbandry,  and  men 
shall  learn  war  no  more. 

There  is  no  man  so  indifferent  to  the  happiness  of 
his  fellow-creatures,  that  he  would  not  rejoice  to 
believe  in  the  promises  of  prophecy,  and  behold  the 
speedy  and  universal  diffusion  of  the  doctrines  of 
peace  and  good-will  to  men.  There  is  no  Christian 
who  can  doubt  that  the  predictions  of  holy  men  of  old 
must,  eventually,  be  accomplished.  There  is  no 
reflecting  person  who,  being  familiar  with  the  history 
of  the  past,  and  acquainted  with  the  present  condition 
of  society,  does  not  perceive  abundant  cause  of  hope 
and  of  belief,  that  ere-long  the  nations  will  repose 
from  the  contest  of  blood,  and  war  be  banished  to  the 
beasts  of  the  forest  and  desert.  Let  us  spend  a few 
moments  in  examining  the  reasonableness  of  this 
hope  and  belief. 

And,  FIRST,  the  nature  of  man  coincides  with 
the  voice  of  prophecy:  his  higher  sentiments  and 


* Isaiah  1 1 : ti — 10. 


7 


CONGRESS  OF  NATIONS. 


15 


affections,  and  his  understanding  are  alike  averse  to 
war. 

Amongst  those  elements  of  character  which  are 
found  in  every  condition  of  human  existence,  and 
which  are  developed  and  strengthened  by  the 
progress  of  civilization,  one  powerful  principle  is 
humanity^ — that  quality  of  mind  which  leads  us  to  pity 
and  weep  over  the  sufferings  of  others.  In  the  breast 
of  the  savage,  this  principle  is  scarcely  felt,  and  in  his 
conduct  seldom  seen ; but,  though  small  and  feeble,  it 
does  exist  even  there;  and  occasionally  it  has  stayed 
the  uplifted  tomahawk,  extinguished  the  blazing 
brand,  or,  perhaps,  urged  some,  of  gentle  mood, 
like  Pocahontas,*  to  interpose  their  own  persons 
between  the  object  and  the  instrument  of  barbarous 
vengeance. 

The  advancement  of  civilization,  which  we  rejoice 
to  believe  is  destined  to  unimpeded  and  accelerated 
speed,!  strengthens  and  cultivates  this  principle,  not 
merely  by  creating  a thousand  new  relations  between 
man  and  man,  but  by  making  known  the  evils  which 
universally  foUow  the  violation  of  this  law  of  our  nature. 

To  this  eternal  and  ever-growing  principle,  no 
plague  that  afflicts  mankind  is  so  much  an  object  of 
dread  and  abhorrence,  as  war.  Humanity  shudders 
at  the  vast  amount  of  suffering,  the  countless  array  of 
evil,  the  unmitigated  misery,  which  follows  in  the 


* See  Hillard’s  I/ife  of  Smith,  in  Vol.  II  of  Sparks’s  American 
Biography. 

t For  an  eloquent  statement  of  this  proposition,  see  Irving’s 
Columbus,  Vol.  I,  ch.  vi. 


16 


CONGRESS  OF  NATIONS. 


8 


train  ol  war.  It  beholds  the  horrible  waste  of  life, 
the  equally  enormous  waste  of  property,  the  spoiling 
of  domestic  comfort,  of  the  arts  of  life,  of  the  noblest 
enterprises  which  employ  the  faculties  of  the  learned 
and  the  good,  the  ruin  of  character,  the  fall  of 
empire, — in  short,  the  infinite  evils,  social,  political  and 
moral,  which  are  the  harvest  of  war,  and,  beholding 
them  all,  perceives  in  a vast  majority  of  cases,  not 
one  solitary  redeeming  fact,  or  mitigating  circumstance, 
to  diminish  the  strong  emotions  of  sorrow,  of  disgust, 
and  of  detestation,  which  are  excited  by  this  spectacle. 

Such  being  the  case,  and  it  being  certain  that  so 
long  as  man  shall  exist,  this  principle  shall  remain 
unaltered,  and  so  long  as  war  shall  exist,  these  facts 
shall  also  continue  unchanged,  we  cannot  but  feel 
confident  that  humanity  will,  at  last,  achieve  a perfect 
triumph  over  the  evil  which  it  regrets,  and  that,  by  a 
process  though  slow  yet  certain,  warfare  will  be  driven 
from  the  confines  of  civilization.  This  confidence 
is  greatly  increased  by  the  contemplation  of  the 
humanizing  influences  exerted  upon  man,  in  a myriad 
of  forms,  by  the  gospel  of  Christ,  and  by  the  intellectual 
cultivation  of  our  race. 

War  is  no  less  repulsive  to  the  understanding,  than 
shocking  to  humanity. 

In  the  earlier  stages  of  society,  men  are  perhaps 
creatures  of  passion  more  than  of  reason,  acting 
rather  upon  impulse  than  on  reflection.  But  this 
feature  of  resemblance  between  the  brute  and  human 
races  is  gradually  worn  away.  The  necessities  of 
life  call  into  exercise  the  higher  faculties  of  the  mind. 


9 CONGRESS  OF  NATIONS.  17 

Every  step  taken  to  improve  his  condition  expands 
the  intellect  of  man.  Every  fact  learned  adds  energy 
to  his  mental  nature;  he  ascends,  by  slow  and 
successive  efforts,  above  mere  sensuality  and  self ; he 
becomes  a reflecting  and  reasoning  being,  and  at  last 
reaches  a point  of  elevation  whence  his  eye  looks 
down  upon  and  ranges  over  the  whole  widely  extended 
field  of  human  enjoyment  or  suffering, — and  thus, 
eventually,  he  learns  to  act  with  a rational  regard  to 
the  best  interests  of  himself  and  of  his  fellow- 
creatures. 

To  a person  whose  understanding  is  thus  culti- 
vated, no  institution  can  appear  more  irrational,  than 
war  undertaken  for  the  redress  of  national  grievances.* 
We  will  present  only  a few  of  the  aspects  in  which 
this  subject  may  be  viewed.  The  absurdity  of  war 
will  be  manifest,  if  we  look  at  its  economy,  its  ejfect 
upon  the  feelings  of  the  belligerents,  or  its  political 
tendency. 

1.  The  economy  of  tear. 

To  the  student  of  history,  there  is  nothing  startling 
in  the  proposition,  which  all  history  demonstrates  to 
be  true,  that  there  never  yet  has  been  an  aggressive 
war,  the  direct  and  necessary  losses  of  which  have 
not  far  exceeded  the  total  value  of  the  object  of 
controversy.  If  there  be  added  to  the  direct  loss 
occasioned  by  war,  those  other  losses  which  always 
attend  its  progress  as  collateral  circumstances,  it  may 
be  broadly  and  boldly  asserted,  without  the  fear  of 


* War,  undertaken  without  provocation,  is  not  so  much  an  absurdity 
as  it  is  a crime. 


3 


18 


CONGRESS  OF  NATIONS. 


10 


contradiction,  that  there  never  yet  has  been  an 
offensive  war,  which  has  not  occasioned  a loss  of 
tenfold  greater  magnitude,  than  would  have  resulted 
from  the  abandonment  of  the  whole  subject  matter 
of  controversy. 

Let  us  enumerate  the  particulars  which  make  up 
the  grand  total  of  loss.  They  comprehend  the 
property  consumed  in  preparing  for  and  sustaining 
hostilities ; human  lives,  every  one  of  which  is  taken 
from  the  productive  classes  of  the  community;  the 
interruption  of  agriculture  and  the  arts ; the  suspension 
of  intellectual  and  moral  culture,  and  the  consequent 
degradation  of  popular  character;  the  disturbance  of 
the  ordinary  operation  and  administration  of  the  laws, 
of  which  we  shall  soon  speak  more  fully ; and,  finally, 
the  creation  of  a large  body  of  men,  — the  army, — 
who  must,  even  after  the  war  is  closed,  remain,  for  a 
long  time,  a burden  upon  the  productive  portion  of 
the  people. 

These  considerations  are  powerfully  set  forth  in 
Burke’s  celebrated  treatise  in  vindication  of  naturcd 
society,  and  furnish  so  striking  a picture  of  the  evils 
which  have  flowed  from  the  abuse  of  government, 
as  to  make  one  doubt  whether  the  author  of  that 
singular  work  were,  with  earnest  sincerity,  defending, 
or,  with  solemn  irony,  assailing,  the  doctrines  therein 
set  forth.* 


* Burke's  Works,  Vol.  I.  We  are  urged  to  give  an  extract  from  that 
Treatise,  by  way  of  illustrating  some  of  our  doctrines.  We  will  quote 
the  paragraph  with  which  the  writer  concludes  his  estimate  of  the 
number  of  lives  sacrificed  in  various  wars  : 


11 


CONGRESS  OF  NATIONS. 


19 


It  is  a fortunate  circumstance  for  the  cause  of 
peace,  that  warfare  has  always  been  so  awfully 
expensive ; and  that,  in  an  especial  manner,  the 
warfare  of  modem  times  is  so  prodigal  of  all  that 
mankind  deem  valuable.  Convince  any  man  that  his 
interest  forbids  him  to  do  WTong,  and  you  bind  him 
to  good  conduct  by  golden  chains.  The  dullest 
understanding,  which  can  be  found  beneath  the 
protection  of  a popular  form  of  government,  is  able 
to  appreciate  the  economy  of  peace.  The  intimate 
union  between  war  and  taxation  makes  every 
republican  pause,  before  casting  his  vote  for  the 
former. 


“I  shall  draw  to  a conclusion  of  this  part,  by  making  a general 
calculation  of  the  whole.  I think  I have  actually  mentioned  above 
thirty-six  millions.  I have  not  particularized  any  more.  I do  not 
pretend  to  exactness ; therefore,  for  the  sake  of  a general  view,  I shall 
lay  together  all  those  actually  slain  in  battles,  or  who  have  perished  in 
a no  less  miserable  manner,  by  the  other  destructive  consequences  of 
war,  from  the  beginning  of  the  world  to  this  day,  in  the  four  parts  of 
it,  at  a thousand  times  as  much ; no  exaggerated  calculation,  allowing 
for  time  and  extent.  I need  not  enlarge  on  those  torrents  of  silent 
and  inglorious  blood  which  have  glutted  the  thirsty  sands  of  Afric,  or 
discolored  the  polar  snow,  or  fed  the  savage  forests  of  America,  for  so 
many  ages  of  continual  war.  Shall  I,  to  justify  my  calculations  from 
the  charge  of  extravagance,  add  to  the  account  those  skirmishes  which 
happen  in  all  war,  witliout  being  singly  of  sufficient  dignity  in  mischief 
to  merit  a place  in  history,  but  which,  by  their  frequency,  compensate 
for  this  comparative  innocence : shall  I inflame  tlie  account  by  those 
general  massacres  which  have  devoured  whole  cities  and  nations ; 
those  wasting  pestilences,  those  consuming  famines,  and  all  those 
furies  that  follow  in  the  train  of  war  ? I have  no  need  to  exaggerate ; 
and  I have  purposely  avoided  a parade  of  eloquence  on  this  occasion. 
I charge  the  whole  of  these  effects  on  political  society.  I avow  the  charge, 
and  shall  presently  make  it  good,  to  your  lordship’s  satisfaction.” 


20  CONGRESS  OF  NATIONS.  12 

The  progress  of  liberty  amongst  mankind  has 
brought  this  argument  home  to  the  citizens  of  many 
nations.  Property  is  now,  to  a very  considerable 
degree,  diffused  amongst  the  people,  and  so  many 
individuals  have  substantial  interests  depending  upon 
the  conduct  of  public  affairs,  that  trifling  provocations, 
and  matters  of  mere  personal  concern,  cannot  disturb 
the  general  peace. 

The  elevation  of  the  common  standard  of  knowl- 
edge and  the  progress  of  liberty,  will  do  more  and 
more  to  prevent  the  resort  to  arms,  by  resolving  the 
question  of  war  more  and  more  into  a question  of 
political  economy, — a problem  of  dollars  and  cents ; 
thus  furnishing  another  illustration  of  the  benefits 
universally  derived  from  reducing  the  elements  of 
science  to  exact  mathematical  admeasurement.* 

2.  The  effect  of  war  upon  the  disposition  of  the 
belligerents. 

The  philosophy  of  war  is  very  absurd.  Men  fight 
by  armies,  for  the  avowed  purpose  of  procuring  peace 
upon  certain  terms.  They  set  on  fire  the  evil 
passions  of  millions,  in  order  to  attain  an  ultimate 
State  of  amity  and  kind  feeling.  They  destroy  each 
other,  for  the  sake  of  giving  quiet  and  content  to 
their  survivors.  Alas,  for  human  nature!  There 
never  yet  has  been  carried  on  a series  of  hostilities, 
the  result  of  which  was  not  a state  of  feeling  far  less 
favorable  to  pacific  relations  between  the  belligerent 


* See  Sir  J.  F.  IV.  HerschcVs  “Discourse  on  the  Study  of  JVatural 
Philosophy,'’'  §§  115,  11(3.  “It”  (numerical  precision)  “is  the  very  soul 
of  science — and  modern  war  is  a science,  as  well  as  an  art. 


13 


CONGRESS  OF  NATIONS. 


21 


parties,  than  existed  when  the  onset  of  battle  was 
sounded.  The  victor  is  flushed  and  intoxicated  with 
success ; maddened  by  his  cannibal  draught  of 
human  blood;  elated  with  pride.  The  vanquished, 
though  trampled  into  dust,  and  bleeding  at  every 
vein,  and  glad  to  obtain  a temporary  repose,  is 
animated  with  the  undying  spirit  of  vengeance ; 
resolves  in  silence  that  the  future  shall  atone  for  the 
past;  and  nurses  the  bloody  purpose  of  complete 
revenge;  consoling  himself  with  the  sentiments  of 
Mazeppa,  uttered  as  he  “howled  back  his  curse” 
upon  those  who  bound  him  to  the  wild  horse  of  the 
desert : 

“ But  time,  at  last,  sets  all  things  even; 

And  if  we  do  but  watch  the  hour. 

There  never  yet  was  human  power 
Which  could  evade,  if  unforgiven. 

The  patient  search,  and  vigil  long. 

Of  him  who  treasures  up  a wrong.”* 


Every  rational  man  will,  therefore,  regard  with 
equal  apprehension  the  stimulus  of  victory  and  the 
provocation  of  defeat. 

He  who  remembers  that  for  centuries  there  has 
existed,  between  two  of  the  most  powerful  and 
polished  nations  of  Europe,  an  unslumbering  spirit 
of  jealous  rivalry  and  hereditary  unkindness,  which 
sprang  from  their  ancient,  and  has  provoked  their 
modern  warfare,  and  still  exists  so  strongly  as  to 


* Byron's  Mazeppa.  See  a Speech  of  Hon.  Henry  Clay,  in  the 
House  of  Representatives,  on  the  Seminole  Debate,  for  a further  proof 
of  the  effect  of  defeat. 


22 


CONGRESS  OF  NATIONS. 


14 


render  the  strait  of  Dover  a broader  barrier  between 
those  states,  than  is  the  ocean  itself  between  the 
eastern  and  western  continents ; he  who  recollects 
that  the  wars  of  our  Revolution,  and  of  1812,* 
generated  a national  hostility  which  many  a long  year 
of  peace  will,  in  vain,  endeavor  to  remove,  and  which 
will  remain  for  ever  a stain  upon  the  hterary  history 
of  the  two  nations, — he  who  remembers  these,  and 
other  facts  of  kindred  character,  will  readily  confess 
that  every  war,  however  just,  and  whatever  be  its 
result,  but  serves  to  prepare  the  way  for  future  and 
more  aggravated  hostility ; that  it  but  fertilizes  with 
human  blood  the  dark  soil  of  national  hate,  and  sows 
the  seeds  of  still  fiercer  contentions. 

2.  The  political  tendency  of  war. 

At  the  conclusion  of  the  American  revolutionary 
war, — a war  which  admits  of  greater  apology  than 
any  other  ever  undertaken  without  the  express 
direction  of  Deity, — the  people  of  this  country 
were  universally  attached,  by  the  most  powerful  ties 
of  gratitude  and  admiration,  to  him  whose  guidance, 
under  God,  had  safely  led  them  through  the  perilous 
conflict.  They  were  ready  to  follow  him  wheresoever 
he  led,  and  to  obey  whatsoever  he  commanded.  His 
veteran  soldiers,  companions  in  many  a well  fought 
field,  and  brethren  in  sufferings,  were  yet  more 
ardently  devoted  to  their  Washington.  They 
would  have  made  all  sacrifices,  and  dared  all  perils. 


* “A  war  whicli  ended  in  a treaty  that  settled  notlnrig,  and  made  no 
allusion  to  the  causes  of  the  war!” — Encydopaidia  Americana. 


15 


CONGRESS  OF  NATIONS. 


23 


and  done  all  that  man  can  do,  at  his  bidding.  They 
were  inflamed  with  anger  by  the  unkind  neglect  of 
Congress, — they  felt  strong  in  arms, — they  were 
ready  to  march  against  the  capitol.  Had  not 
Washington  possessed  a virtue  such  as  falls  to  the 
lot  of  but  few,  he  would  have  obeyed  the  call  of  his 
soldiery ; he  would  have  converted  his  great 
personal  influence  into  an  engine  of  political  evil, 
and  these  United  States  would  still  have  been  remote 
from  freedom,  or  would  have  purchased  freedom  at 
the  price  of  protracted  war,  with  the  blood  of  those 
who  had  fought  in  our  defence.* 

This  single  example,  which  is  solitary  in  history, 
because  it  resulted  in  the  display  of  virtue  which 
could  not  be  corrupted  or  seduced,  furnishes  a just 
exhibition  of  the  political  tendency  of  war,  and 
teaches  us  that  a people,  anxious  to  retain  the 
possession  of  free  institutions,  must  avoid,  to  the 
utmost,  the  hazards  of  warfare. 

The  spirit  of  hberty  may  excite  to  fierce  hostility 
with  an  oppressor,  and  may  struggle  on  in  its 
resistance  to  foreign  tyranny,  for  centuries : 

“ For  Freedom’s  battle,  once  begun, 

Bequeathed  by  bleeding  sire  to  son. 

Though  baffled  oft,  is  always  won ! ” 


* See  Ramsay's  Life  of  Washington,  ch.  ix,  and  otlier  histories  of  that 
date.  History  furnishes  no  finer  illustration  of  moral  grandeur,  than 
was  afforded  by  the  meeting  of  officers  assembled  by  Washington,  in 
consequence  of  the  celebrated  Newburg  Address.  The  words  of 
Washington  were  true:  “Had  this  day  been  wanting,  the  world  had 
never  seen  the  last  stage  of  perfection  to  which  human  nature  is 
capable  of  attaining.” 


24 


CONGRESS  OF  NATIONS. 


16 


But  against  the  growth  of  domestic  tyranny,  war  is 
no  protection, — it  is  but  a choice  of  masters. 

The  existence  of  war  within  the  territory  of  any 
country  suspends,  of  course,  the  ordinary  operations  of 
government,  as  well  as  the  ordinary  administration  of 
the  laws.  Authority  must  be  concentrated,  and 
exercised  by  a few ; all  the  rights  of  person  and 
property  must  be  put  under  dictatorial  control ; force 
is  substituted  for  law ; and  the  body  politic  is  placed 
as  completely  at  the  mercy  of  its  rulers,  as  is  the 
physical  system,  in  the  hour  of  extremity,  at  the 
control  of  the  physician. 

The  power  thus  given  is,  as  a general  rule,  resigned 
with  reluctance ; the  grasp  of  ambition  is  like  the 
miser’s  clutch,  relaxed  only  in  death ; and  history 
teaches  us  that  we  must  find  a hundred  Buonapartes 
where  there  appears  but  a single  Washington. 

This  disposition  of  individuals  in  power  is 
strengthened  and  aided  by  that  separation,  which 
is  placed  by  war  between  the  military  and  the 
people ; a separation  in  character,  habits,  and  interests. 
The  soldier  acquires  the  habit  of  unquestioning 
obedience  to  his  commander,  while  at  the  same 
time  he  loses  all  respect  for  any  other  form  of  legal 
restraint ; he  becomes  accustomed  to  the  violence  and 
rude  license  of  warfare,  and  learns  to  despise  or 
dislike  the  sober  and  orderly  industry  of  civil  life. 
Armies  are  always  grossly  immoral.  They  may 
sometimes  possess  virtuous  officers,  and  some  good 
and  pious  soldiers ; but,  as  bodies  of  men,  they  are 
always  deeply  debased  in  moral  character, — addicted 


17  CONGRESS  OF  NATIONS.  25 

to  the  indulgence  of  every  passion  that  degrades  and 
lust  that  brutahzes  man. 

If  we  need  any  proof  of  this  assertion,  we  may 
find  it  in  the  fact,  that  intemperance,  — that  vice 
which  has  so  long  and  so  grossly  disgraced  our 
country,  — was  introduced  by  our  early  wars;  and 
that  the  larger  number  of  those  who  now  suiwive 
those  wars  as  pensioners  upon  the  public  bounty,  are 
intemperate  men. 

An  army  is,  therefore,  the  readiest,  and  has  ever 
been  the  inseparable,  agent  of  ambition. 

A protracted  war  prepares  the  people  at  large  to 
submit  to  usurped  authority,  and  does  this  in  several 
w^ays.  By  surrounding  them  with  violent  evils,  it 
accustoms  them  to  violent  remedies,  and  the  exercise 
of  arbitrary  power.  Fatiguing  them  by  prolonged 
conflict,  it  renders  them  content  with  whatsoever 
authority  is  able  to  reduce  that  conflict  to  calm,  as 
the  Romans,  after  an  age  of  violence  and  blood, 
submitted  gladly  to  the  despotism  of  Octavius  Caesar. 

By  suspending  the  operations  of  the  ordinary 
means  of  intellectual  and  moral  culture,  it  compels  a 
vast  retrogression  in  national  character,  diminishing  both 
the  inclination  and  the  ability  for  self-government.* 


* The  history  of  the  Mexican  Revolution  furnishes  some  of  the 
most  forcible  illustrations  of  the  certain  corruption  and  degradation  of 
public  character,  in  both  a moral  and  political  aspect,  occasioned  by 
a protracted  war  even  for  freedom  and  popular  rights.  Fifteen  years’ 
conflict  with  Spain  and  Spanish  tyranny  converted  that  country  into  a 
camp,  and  begot  a race  of  men,  in  the  generals  and  leaders,  who 
would  not  abandon  their  hold  on  power  at  the  call  of  peace ; and 
another  race  of  men  in  the  soldiers  at  large,  who  would  not  submit  to 


4 


26 


CONGRESS  OF  NATIONS. 


18 


Whenever,  therefore,  a nation  engages  in  war,  it 
does  so  at  the  imminent  hazard  of  losing  every 
popular  feature  in  its  government,  every  shadow  of 
freedom  which  it  possesses. 

Enough  has  been  said,  we  think,  to  establish  our 
proposition,  that  the  practice  of  war,  as  a mode  of 
adjusting  national  difficulties,  is  repugnant  to  the 
human  understanding,  and  that  it  must  eventually 
give  way  to  some  more  rational  means  of  adjustment. 

The  remarks  which  we  have  made  have  been 
directed  towards  those  wars  which  are  undertaken 
on  what  are  commonly  deemed  sufficient  grounds 
of  hostility.  Of  course,  they  apply  with  tenfold 
force  to  all  such  national  contests  as  are  not  thus 
commenced, — contests  which  form  by  far  the  largest 
class  of  wars. 

In  addition  to  the  arguments  already  mentioned, 
there  are  many  others,  which  are  drawn  from  the 
circumstances  and  character  of  the  age,  and  which 
lead  the  friends  of  peace  to  the  same  consolatory 
belief.  Of  these  we  will  allude  to  only  three,  namely : 

1.  The  effect  which  has  been  produced  upon 
national  character  by  the  extensive  application,  in 
modern  times,  of  scientific  principles  to  the  arts  of  life. 


tlie  meek  and  (jiiiet  yoke  of  civil  authority.  Hence  the  constant  and 
disgraceful  broils  and  difficulties,  conspiracies,  revolts,  and  intestine 
wars,  which,  from  the  acquisition  of  its  independence  to  this  hour,  have 
convulsed  that  republic,  and  rendered  it  a hy-word  to  the  world.  See 
Ward’s  “Mexico  in  1827,”  and  the  American  Quarterly  Review,  Nos. 
7,  14  and  15. 


19 


CONGRESS  OF  NATIONS. 


27 


2.  The  influence  which  modem  commerce  has 
exerted  upon  international  relations. 

3.  The  tendency  of  that  spirit  of  associated  effort, 
that  spirit  of  combination,  which  is  so  striking  a 
pecuharity  of  the  present  age. 

These  are  not  the  only  circumstances  which 
furnish  argument  to  the  philanthropist ; but  they  are 
sufficient  for  our  present  purpose.  We  will,  therefore, 
endeavor  to  show  in  what  manner  they  shed  light 
upon  the  doctrines  of  peace. 

1.  The  influence  of  the  application  of  science  to 
the  arts  of  life,  upon  national  character. 

Man,  in  a savage  state,  can  scarcely  keep  himself 
and  his  dependents  from  starvation,  and  from  the 
various  inconveniences  of  climate,  even  by  incessant 
toil ; and  if  he  succeed  in  doing  this,  his  food  is  of 
the  coarsest  sort,  his  clothing  of  the  simplest  character, 
and  his  wigwam  or  kraal  of  the  rudest  description. 

By  the  efforts  of  ages,  a slow  succession  of 
improvements  is  produced  in  his  condition,  until  he 
is  at  last  elevated  to  a considerable  degree  of 
individual  comfort  and  dignity  of  character. 

But  in  the  most  favored  states  of  society,  until 
very  recently,  the  condition  of  man  has  been  such, 
that  his  mere  bodily  necessities  have  demanded 
almost  the  whole  of  his  time  and  labor. 

It  is  now  no  longer  thus.  Learning  has  gradually 
conquered  to  the  purposes  of  man  all  the  elements 
and  energies  of  nature ; the  principles  which  men  of 
science  have  discovered  and  apphed  to  meliorate  the 
condition  of  their  race,  have  been  so  wonderfully 


28 


CONGRESS  OF  NATIONS. 


20 


rapid  and  successful  in  their  effects,  that  the 
productive  power  of  almost  every  individual  in 
Christendom  has  been  doubled  within  a hundred 
years ; and,  in  a vast  number  of  cases,  increased  a 
hundred-fold.  In  consequence  of  this  change,  the 
bodily  wants  of  every  man  are  now  so  easily  supplied, 
that  a large  amount  of  time  remains  for  the  purposes 
of  accumulation,  of  intellectual  and  moral  culture,  and 
of  grateful  repose  from  exhausting  toil. 

Under  the  influence  of  these  causes,  there  has 
sprung  into  existence  a new  and  powerful  class  of 
citizens  in  every  modern  state,  — the  great  middling 
class,  — who,  in  respect  of  property,  are  neither  poor 
nor  rich  ; in  respect  of  knowledge,  are  neither  learned 
nor  ignorant,  and  in  respect  of  numbers  and  pohtical 
power,  outweigh  and  exceed  both  the  extreme 
divisions  of  society. 

This  application  of  scientific  principles  has  not 
been  limited  to  those  arts  alone  which  assist  in  the 
accumulation  of  wealth,  but  has  extended  to  such  as 
facilitate  the  diffusion  of  knowledge.  Thus,  if  the 
employment  of  steam  as  a moving  power,  in  an 
engine  fitted  to  travel  upon  a railroad,  has  carried  to 
every  man’s  door  the  productions  of  every  climate, 
or  has  conveyed  to  a profitable  market  the  before 
valueless  products  of  his  own  labor,  the  application 
of  the  same  propelling  power  to  the  printing  press, 
has  filled  the  world  with  knowledge. 

It  requires  but  a slight  acquaintance  with  modern 
history,  to  furnish  an  army  of  facts  illustrating  the 
influence  of  the  familial-  circumstances  mentioned 


21 


CONGRESS  OF  NATIONS. 


29 


above  ; nor  does  it  need  profound  sagacity  to  discover 
the  relation  which  exists  between  the  condition  of 
society  thus  produced,  and  the  prevalence  of  a pacific 
spirit  amongst  mankind. 

Liberal  political  principles  have  been  called  into 
existence,  and  claimed  as  the  right  of  this  novel  state 
of  things ; this  new  and  numerous  class  in  society 
have  become  the  possessors  of  power,  and  hence  the 
increasingly  popular  form  of  governments.  The 
course  of  public  policy  is  no  longer  under  the  control 
of  the  few ; the  materials  of  our  armies  are  no  longer 
men  who  have  no  interest  in  preserving  peace,  no 
longer  vassals  who  owe,  or  subjects  who  will  render, 
an  unreflecting  homage  or  obedience  to  their  civil  or 
military  chieftains.  War  is  now,  in  effect,  declared 
by  the  uplifted  hands,  and  by  the  united  voice,  of  the 
majority  of  freemen  ; it  is  carried  on  by  the  money 
and  the  swords  of  the  voters,  and  has,  consequently, 
become  the  manifestation  of  universal  feelings  and 
opinions  instead  of  the  mere  index  of  individual 
hostility.  Every  soldier  that  falls  leaves  vacant  a 
valuable  place  in  the  community,  and  diminishes  the 
number  of  productive  citizens.  Every  dollar  that  is 
spent  is  felt  as  a loss  by  multitudes  who  bear  the 
burden  of  self-imposed  taxation.  And,  while  the 
people,  who  have  thus  grasped  the  sceptre  of  political 
power,  are  those  who  feel  the  toil,  the  expense,  and 
all  the  other  evils  of  war,  they  have  been  so  educated 
as  to  regard  with  abhorrence  the  infliction  of  suffering, 
the  sacrifice  of  life,  and  the  waste  of  property.  Their 
pleasure  is  not,  like  that  of  savages,  in  the  cruel 


30 


CONGRESS  OF  NATIONS. 


22 


sports  of  arms ; they  have  learned  to  prefer  the  calm 
enjoyments  of  peace ; the  delights  of  social  life ; the 
joys  of  the  fireside  and  study.  Their  habits  are 
habits  of  industry,  of  accumulation,  of  regard  for  the 
laws,  and  peaceable  and  orderly  behaviour.  And  thus 
has  knowledge,  which  at  first  drove  our  progenitors 
from  the  garden  of  Eden,  and  the  favor  of  God,  done 
much,  in  the  long  lapse  of  ages,  and  under  the  mild 
reign  of  Christianity,  towards  restoring  man  to  the 
character  and  enjoyments  of  an  earthly  paradise ; and 
thus  does  it  promise,  that  while  its  first  fruit,  beyond 
the  forbidden  gate,  was  the  bloodshed  of  a brother, 
its  ultimate  fruits  shall  be  “p^^^e  on  earth  and 
good-will  to  men.” 

2.  The  influence  of  commerce  upon  international 
relations. 

The  commerce  of  antiquity  was  so  feeble  and 
timid,  that  it  trembled  to  cross  a narrow  strait  or  a 
lofty  range  of  hills.  But  now  the  spirit  of  enterprise 
has  the  whole  world  for  its  field  of  action,  and 
wheresoever  the  fruits  of  human  labor,  or  the 
spontaneous  productions  of  nature,  offer  themselves 
to  the  hand  of  gain,  there  go  our  merchants  and  our 
merchantmen ; there  go  the  arts  of  civilization,  and 
there,  sooner  or  later,  goes  the  Christian  religion. 
Distance  is  forgotten  in  the  march  of  interest;  the 
spirit  of  gain  knows  no  difference  of  country,  or 
language,  or  government,  but  recognizes  a home 
wherever  it  can  engage  in  traffic,  and  a brother  in 
every  individual  with  whom  it  can  drive  a bargain. 
Thus  it  is  binding  together,  by  the  strong  ties  of 


23 


CONGRESS  OF  NATIONS. 


31 


a common  interest  and  of  community  of  pursuits, 
the  remotest  members  of  the  family  of  man.  It 
is  constantly  diminishing  the  feelings  of  locality, 
— sweeping  away  the  remembrance  of  national 
divisions,  and  converting  mankind  into  brethren ; 
thus  creating  what  has  been  beautifully  called  a 
“great  commonwealth  of  nations.”*  The  sentiment 
of  the  old  Roman  dramatist  t is  the  motto  of  modern 
commerce : 

“ Nil  humani  a me  alienum  puto.” 

It  is  now  no  uncommon  thing  for  a commercial 
house  to  be  equally  interested  in  the  welfare  of 
several  governments,  by  extending  its  branches  to 
several  different  countries.  Remote  countries  being 
thus  made  neighbors  by  business  relations,  and  the 
great  interests  of  commerce  being  sure  to  suffer  by 
war,  the  probabihty  of  war  is  consequently  diminished. 
If  a London  banker  have  become  the  creditor  of 
France  and  Russia, — if  he  be  interested  in  the 
funded  property  of  the  United  States,  if  he  have  also 
large  commercial  relations  with  India,  east  and  west, 
the  voice  of  war  in  any  direction  is  to  him  the  herald 
of  calamity ; and  the  whole  weight  of  his  influence, 
— an  influence  vast  in  exact  proportion  to  his  business 
relations, — will  be  thrown  into  the  scale  of  peace. 
Such  men  may  wave  aloft  the  olive  branch  of 


* See  AiTMiican  Encyclopedia,  Art,  Diplomacy.  Kents  Commentaries, 
Vol.  I,  Lect.  1. 

t Terence.  “ I deem  no  man  a foreigner.”  Tlie  audience  received 
this  noble  sentiment  with  rapturous  applause. 


32 


CONGRESS  OF  NATIONS. 


24 


universal  harmony,  and  become  the  messengers  of 
glad  tidings  to  all  people. 

That  day  will  be  glorious  in  the  annals  of  peace, 
which,  by  the  removal  of  every  existing  impediment 
to  the  absolute  freedom  of  commerce,  shall  throw 
open  to  the  world  every  market  for  its  commodities, 
and  introduce  to  the  knowledge  of  mankind,  as 
necessaries  of  life,  the  varied  productions  of  every 
climate ; for  then  shall  international  dependence  be 
so  far  increased,  that  no  solitary  government  could 
long  endure  a state  of  hostility  with  any  other;  but 
all  would  be  compelled  to  unite  in  willing  friendship. 

Even  under  existing  restrictions,  however,  the 
influence  of  commerce  is  salutary  beyond  expression, 
in  creating  a disposition  of  amity  and  peace. 

3.  The  influence  of  the  spirit  of  association, — or, 
in  other  words,  the  benevolent  spirit  of  modern  times. 

Perhaps  the  most  remarkable  feature  of  the  present 
age,  is  that  tendency  to  associated  eflbrt,  which  is 
creating  so  many  societies  of  a religious,  a moral,  a 
scientific,  or  a business  character;  — a tendency 
which  manifests  itself  in  a thousand  forms  of 
loveliness  and  promise,  which  is  extending  its 
operations  with  astonishing  rapidity  throughout  the 
world,  and  is  every  where  elevating  the  character  of 
mankind,  and  binding  them,  by  the  ties  of  both 
interest  and  affection,  to  the  cause  of  peace. 

The  influence  of  a single  religious  society  may  be 
illustrated  by  the  effects  which  such  a society  has 
produced  upon  the  condition  of  the  Sandwich 
Islands. 


25 


CONGRESS  OF  NATIONS. 


33 


Those  islands  “were  a public  brothel  for  every 
vessel  that  floated  on  the  bosom  of  the  Pacific ; 
they  were  the  resort  of  men,  whose  vice  was  too 
flagrant  to  be  endured  by  respectable  connections  in  a 
civilized  land;  they  had  become  a nuisance  to  the 
world.  Vhtue,  which  had  successfully  resisted  the 
allurements  of  vice  in  Great  Britain  and  America, 
here  generally  yielded  to  the  torrent  of  overwhelming 
debauchery.”*  They  were  the  very  sink  and  sewer 
of  the  world’s  iniquity.  But  now,  by  the  efforts  of 
the  American  Missionary  Society,  the  whole  scene  is 
changed.  These  islands  are  filled  with  a Christian 
population,  blessed  with  a Christian  ministry,  with  a 
multitude  of  schools,  with  a national  language,  and 
with  the  institutions  of  a civilized  and  well-ordered 
state,  and  their  commerce  is  rapidly  increasing. 
Gratitude  will  render  their  affection  for  America 
perpetual.f 

Every  missionary  association  is  thus  civilizing  and 


* American  Quarterly  Review,  No.  VI,  June,  1838,  pp.  352-5-7. 
Journal  of  a Voyage  to  the  Pacific  Ocean,  &c.,  by  C.  S.  Stewart. 

f The  same  Review  thus  speaks  of  the  influence  of  continued 
religious  eSbrt.  (p.  347.)  “ The  precept,  Thozt  s/uiW  love  thy  neighbor 
as  thyself,  has  not  only  awakened  anew  the  energies  of  Christendom, 
but  has  directed  them  to  objects  heretofore  forgotten.  It  has  enkindled 
a general  sympathy  for  the  sufiering  slave.  It  has  established  Sabbath 
schools  in  almost  every  hamlet  throughout  Christendom,  and  is  rescuing 
millions  from  ignorance  and  vice.  It  is  enlisting  the  noblest  minds  of 
Great  Britain  in  an  effort  to  pour  the  light  of  science  on  the  poorest 
classes  of  society,  and  promises,  in  the  result,  to  make  every  mechanic 
of  every  degree  a well-educated  man.  It  is  this  same  spirit  which  has 
united  every  sect  in  an  efibrt  to  send  the  Bible  to  every  individual  upon 
earth,  and  which  is  also  sending  men  to  explain  and  enforce  its  precepts 
to  every  nation  under  heaven.” 

5 


34 


CONGRESS  OF  NATIONS. 


26 


Christianizing  mankind,  and  uniting  remotest  people 
by  the  ties  of  kindness. 

Scientific  associations  are  also  doing  much  to 
diffuse  a spirit  of  kindness  and  of  fellow-feeling. 
Wherever  established,  they  admit  to  membership 
and  correspondence  the  learned  of  foreign  nations, 
and  extend  their  inquiries  and  send  their  travellers 
to  every  land.  A vast  number  of  the  disciples  of 
science  are  thus  made  citizens  of  the  world,  and, 
consequently,  enemies  of  war.  This  searching  spirit 
of  learned  inquiry  has  carried  the  Landers  to  the 
heart  of  Africa,  and  Herschel  to  its  southern  cape ; it 
guided  the  vessel  of  Ross  to  the  arctic  pole,  and  has 
just  discovered  an  unknown  continent  in  the  Antarctic 
ocean.*  Thus,  in  the  language  of  prophecy,  are 
brought  together  the  ends  of  the  earth,  and  thus  a 
fraternal  feeling  is  every  where  diffused. 

Do  we  not,  therefore,  find,  apart  from  those 
promises  in  Scripture,  to  which  the  eye  of  faith  is 
ever  turned  with  delight,  abundant  reasons  for 
believing  that  the  time  is  at  hand,  when  “men  shall 
learn  war  no  more  ? ” 

The  predictions  of  the  Bible,  as  we  have  shown, 
are  sustained  by  the  constitution  of  man,  by  the 
condition  of  society,  and  by  the  course  of  events. 
The  practice  of  war  is  at  variance  with  our  moral 
and  social  nature,  with  our  intellectual  constitution, 
with  all  the  grand  indications  of  the  age.  It  is  a 
system  of  cruelty,  of  prodigality,  of  pohtical  evil  and 


This  discovery  was,  in  1834,  supposed  to  have  actually  been  made. 


27 


CONGRESS  or  NATIONS. 


35 


danger;  it  is  immoral,  anti-republican,  opposed  to 
that  commercial  spirit  which  is  making  all  men 
partners  in  business,  to  the  interests  of  that  great 
middling  class  of  society  which  bears  sway  in  all 
popular  governments,  and  to  that  disposition  of  the 
age  to  associated  labor,  w^hich  has  already  done  much 
to  harmonize  the  family  of  nations.  It  is  a practice 
that  sprang  up  in  a barbarous  age,  that  has  slowly 
fallen  into  decay  and  disuse  with  the  advancement  of 
civilization,  and  that  must,  eventually,  be  expelled  by 
the  power  of  civilization  and  Christianity  from  the  earth. 

To  the  voice  of  inspired  prophecy  the  Christian 
recurs  with  increasing  faith,  after  having  thus 
demonstrated  by  the  aid  of  his  own  understanding, 
the  reasonableness  of  its  predictions.  The  Scriptures 
inform  us,  in  language  whose  beauty  and  force  have 
never  been  surpassed,  that  the  prevalence  of  war 
shall  at  last  be  terminated ; that  its  ravages  shall  be 
known  only  in  history ; that  unbroken  peace  shall 
descend  upon  the  nations  ; and  mankind  every  where 
live  in  the  practice  of  those  mild  and  friendly 
principles  which  are  the  essence  of  Christianity. 

From  our  belief  in  the  reasonableness  of  the 
foregoing  arguments,  and  from  our  faith  in  scriptural 
promises,  arise  important  duties.  It  cannot  be  right 
to  remain  idle  under  such  convictions.  We  are  called 
upon  to  act  as  well  as  to  reflect.  The  organization 
and  efforts  of  the  Peace  Society  are  the  results  of 
endeavors  to  discharge  this  duty;  and  the  same 
active  spirit  has  given  birth  to  the  following  treatise, 
on  a Congress  of  Nations  for  the  amicable  adjustment 
of  national  differences. 


36 


CONGRESS  OF  NATIONS. 


28 


CHAPTER  II. 

OF  THE  LAWS  BY  WHICH  NATIONAL  INTERCOURSE  IS  REGULATED. 

Before  proceeding  to  the  direct  consideration  of  a 
Congress  of  Nations,  it  will  be  well  to  bestow  a brief 
examination  upon  those  rules  which  now  regulate 
international  affairs,  inquiring  into  their  character, 
origin  and  influence.  This  examination  will  prepare 
us  the  better  to  comprehend  the  necessity  of  such  a 
Congress,  and  the  manner  in  which  it  might  be 
organized  and  conducted. 

It  may  seem  a little  out  of  place,  to  treat  of  this 
branch  of  the  proposed  jurisdiction  of  an  international 
tribunal,  before  examining  more  generally  as  to  the 
formation,  constitution,  objects,  powers  and  sanctions 
of  such  a body.  But,  nevertheless,  we  believe,  that 
this  departure  from  a rigid  analysis  will  be  found 
beneficial,  in  establishing  the  position,  that  an 
international  Congress  of  some  sort  is  a want  of  the 
age. 

The  creation  of  a code  of  rules  for  the  regulation 
of  states  in  their  intercourse  with  each  other,  whether 
in  peace  or  war,  is  manifestly  an  event  propitious  to 
the  cause  of  peace.  Laws,  even  the  laws  of  war, 
are  salutary  checks  and  useful  guides ; and,  not  less 
among  states  than  among  individuals,  a standard  of 
conduct  once  established  and  recognized,  is  certain  to 


29 


CONGRESS  OF  NATIONS. 


37 


prevent  many  causes  of  offence  and  misunderstanding 
during  the  existence  of  friendly  relations,  and  to 
mitigate  the  ferocity,  and  soften  the  hardness  and 
cruelty  of  a state  of  hostihty. 

The  absence  of  such  a code  of  regulations,  or 
ignorance  thereof,  and  conflicting  views  and  opinions 
in  regard  thereto,  all  of  which  might  be,  in  a degree, 
if  not  absolutely,  prevented,  by  the  proposed  Congress, 
are  the  causes  of  a large  portion  of  the  contests 
between  governments. 

A sketch  of  the  manner  in  which  the  recognized 
rules  of  national  law  originated,  of  the  character  of 
those  rules,  of  their  sanction,  of  their  defects,  both  in 
substance  and  administration,  and  of  the  present 
modes  of  diplomatic  intercourse,  will,  we  think,  go 
far  to  demonstrate  our  proposition,  above  stated,  that 
a Congress  of  states  is  one  of  the  wants  of  the  age, 
and  might,  by  its  mfluence  upon  the  ‘^jura  belli  ac 
pads,”  do  much  to  confirm,  increase  and  extend  that 
friendly  feehng  between  independent  nations,  which 
forms  one  of  the  most  delightful  features  of  the 
present  day. 

Nations  are  properly  regarded  as  moral  persons, 
upon  whom  devolve  certain  duties,  and  to  whom 
belong  certain  rights.*  In  their  intercourse  with  each 
other,  and  in  their  conduct  towards  their  own  citizens, 
they  are  subject  to  the  same  obligations  which  are 
binding  upon  man  in  his  deahngs  with  fellow-man. 


* Chancellor  Kent's  “ Commentaries  on  American  Law''  Vol.  I,  c.  1, 

P-3. 

This  principle  is  laid  down  in  all  treatises  of  national  law. — 
Vattel's  Law  of  J'fations,  p.  1. 


38 


CONGRESS  OF  NATIONS. 


30 


It  is  manifest,  that  as  soon  as  civil  society  was 
formed,  there  must  have  arisen  some  system  of  rules, 
however  shght  and  imperfect,  by  which  the  conduct 
of  one  society  towards  another  might  be  regulated. 
The  inevitable  intercourse  of  such  societies  would 
give  rise  to  such  a system.* 

This  system  of  rules  is  of  a twofold  nature,  namely, 
those  which  are  drawn  from  and  based  upon  the 
preceding  principles,  which  are  of  universal  obligation, 
and  constitute  what  is  called  the  universal  law  of 
nations  ;t  and  those,  which,  originating  in  the 
convenience  of  societies,  in  relation  to  subjects  which 
are  not  referable  to  the  mere  rule  of  right,  are  adopted 
by  silent  consent  or  by  express  agreement,  and  so 
acquire  the  force  and  dignity  of  laws.  These  last 
form  what  is  denominated  the  positive  law  of  nations.  J 


* Thus  a distinction  would  be  made  between  a state  of  enmity  and 
a state  of  friendship,  whence  would  originate  rights  peculiar  to  each, — 
Jura  Belli  ac  Pads.  The  principles  of  honesty  would  be  found  essential 
to  commercial  transactions,  and  some  degree  of  good  faith  would 
attach  to  express  national  compacts  or  treaties.  It  has  been  declared 
by  Plato  {De  Republica,  i),  and  by  Cicero  (De  Officiis,  ii,  11),  that  no 
community,  not  even  of  robbers,  could  exist,  without  some  regard  to 
law.  The  Roman  College  of  Heralds  was  an  institution  which  had  its 
rise  in  a sense  of  duty  towards  even  offending  and  hostile  states. 

t Vattel  calls  it  the  necessary  and  Grotius  the  internal  law  of  nations. 

Hobbes  [De  Cive,  c.  xiv,  § 4),  and  Burlamaqui  (JVatural  and  Political 
Law,  part  2,  c.  vi,  § 5),  declare  natural  law  and  national  law  to  be 
identical ; and  deduce  this  doctrine  from  the  fact  that  nations  are  moral 
and  individual  beings.  So  Puffendorf,  Barbeyrac,  De  Wolf,  and  Vattel. 

See  Vattel’s  Law  of  Nations,  Introduction. 

I Grotius  (De  Jure  Belli  ac  Pads,  Proleg.,  § 1)  says,  that  national  law 
has  a threefold  origin,  namely : 1st,  natural  law ; 2d,  revealed  law  ; and 
3d,  custom : — “ Sive  ab  ipsa  mdura  profectum,  aut  divinis  constitutum 
legibus,  sive  moribus  et  pacto  tacito  introductum.” 


31 


CONGRESS  OF  NATIONS. 


39 


The  duty  of  obeying  them  is  a principle  of  the  code 
universal,  which  commands  us  to  be  true  to  our 
engagements.* 

The  universal  law  of  nations,  as  it  now  exists,  is 
the  growth  of  ages.  It  was  necessarily  rude  and 
imperfect  in  its  infancy,  when  the  principles  of  natural 
law  were  scarcely  studied  and  little  understood,  and 
when  might  was  supposed  to  constitute  right. But 
as  men  emerged  from  their  early  grossness  into  the 
light  of  reason,  this  law  became  the  object  of  study 
and  reform.  It  is,  however,  remarkable,  that  the 
progress  of  reform  was  so  slow  and  small  for  many 
centuries.  It  is  somewhat  strongly  stated  by  our 
Chancellor  Kent  ( Commentaries,  i,  4),  that  “ the  most 
refined  states  amongst  the  ancients  seem  to  have  had 
no  conception  of  the  moral  obligations  of  justice  and 
humanity,  and  there  was  no  such  thing  in  existence 
as  international  law.”  Thus  a foreigner  was  almost 
universally  regarded  as  a foe,t  and  the  states  of 
Greece  tolerated  piracy  in  the  brightest  era  of  their 
glory. 


* Burlamaqui,  part  2,  c.  vi,  § 9. 

t Grotius  (De  Jure  Belli  ac  Pacts)  informs  us,  that  in  his  day  tliis 
abominable  doctrine  was  upheld,  not  merely  by  vulgar  opinion,  but  by 
learned  authority.  In  assigning  tlie  reasons  which  prompted  him  to 
compose  his  famous  work,  he  says,  “/n  omnium  ferme  ore  est  Euphemi 
dictum  apud  Thucididem,  regi  aut  civitatis  imperium  hahenti,  nihil  injustum 
quod  utile;  cui  simile  illud,in  summa  foriunaii)  .equius  quod  validius, 
et  rempuhlicam  sine  injuria  geri  non  posse.” — (Proleg.,  § 3.)  For  a 
translation  of  this,  see  post,  p.  42.  It  may  be  suspected  by  some,  perhaps, 
that  such  maxims  have  found  credence  in  more  recent  days, 
t Cicero,  De  Offidis,  lib.  1,  c.  xii. 


40 


CONGRESS  OF  NATIONS. 


32 


Yet  even  in  the  early  ages  of  Greece,  we  find 
something  resembhng  a Congress  of  Nations, — the 
Amphictyonic  Council, — an  assembly  of  delegates 
from  independent  states,  established  for  the  very 
purpose,  among  other  thmgs,  of  creating  a national 
law,  and  adjusting  national  disputes ; and  occasionally 
the  voice  of  their  most  enlightened  philosophers  was 
heard  to  condemn  the  loose  principles  and  barbarous 
practices  of  their  age.*  The  teachings  of  wise  and 
good  men,  and  the  increase  of  commerce,  and  other 
modes  of  national  intercourse  produced  a slow  but 
constant  improvement  on  the  ancient  state  of  things. 

In  Roman  history,  there  is  ample  proof  that  some 
regard  was  paid  to  correct  principles  of  national  war. 
It  is  said  by  Varro,t  that  his  countrymen  considered 
it  impious  to  engage  in  unjust  war,  and  were  therefore 
slow  in  declaring  hostility.  It  is  recorded  by  the 
historian  Livy,  as  a saying  of  Camillus,  that  war  had 
its  laws  as  well  as  peace.  (Lib.  v,  c.  27.)  Sallust, 
in  his  Jugurtha  (c.  91),  condemns  certain  conduct 
as  “contra jus  belli,” — a violation  of  the  law  of  war; 
thus  proving  that  there  were  some  rules  by  which  the 
conduct  of  armies  was  governed.  The  philosophic 
and  humane  Cicero  perceived  and  felt  the  full  extent 
of  the  obligations  of  natural  law  as  the  rule  of  national 
conduct,  and  in  the  most  eloquent  and  forcible  manner 
he  laid  down  and  illustrated  the  principles  of  that 


* Aristotle  wrote  a treatise  “ on  the  law  of  ivar,”  which  is  lost, 
f De  Vit.  Pop.  Rom.  There  was  a Roman  adage  illustrative  of  this 
fact, — ‘•^Dum  (kliheraiil  Rom f mi  rapitur 


33  CONGRESS  OF  NATIONS.  41 

law.*  It  is  a gratifying  fact,  that  uninspired  wisdom 

was  able  so  clearly  to  perceive,  and  so  eloquently 

advocate  the  law  of  nations. 

In  subsequent  ages,  within  the  Christian  era,  when 
the  Roman  civil  code  had  reached  its  ultimate 

perfection,  the  law  of  nations  was  expressly  recognized 
as  a portion  of  the  municipal  regulations  of  the  empire ; 
and  many  of  its  principles  were  so  correctly  stated 
and  so  strongly  estabhshed,  that  reference  is  still  had, 
in  cases  of  doubt,  to  the  authority  of  that  beautiful 
system.f 

The  influence  of  Christianity  upon  the  rules  of 
national  intercourse  has  been  very  powerful  and 
salutary.  Chivalry,  also,  did  much  to  improve  the 
laws  of  warfare  ;t  and  the  discovery  of  the  Roman 
code,  above  alluded  to,  after  it  had  been  lost  for 
centuries  subsequent  to  the  conquest  of  Rome  by 
northern  barbarians,  directed  the  thoughts  of  all 
civilized  Europe  to  this  important  department  of 
jurisprudence.  Christian  jurists  began  to  make 
this  branch  of  law  the  subject  of  discussions  and 
treatises,  and  the  growing  spirit  of  commerce  gave  to 
its  principles  an  interest  and  consequence  which  they 
had  never  before  possessed.  National  intercourse  was 
greatly  increased;  treaties,  articles  of  confederation 
and  commercial  conventions  were  multiphed,  and  thus 
both  the  universal  and  positive  law  of  nations  rose 
rapidly  into  existence  and  importance. 

* Cicero,  De  Officiis,  lib.  i,  § 11 ; lib.  iii,  §§  5 — 11. 

t Kent’s  Commentaries,  Lect  1.  Digest  1,  1,  9.  Institutes,  1,  2,  1. 

1 Ward’s  Law  of  Nations,  c.  xiv. 


6 


42 


CONGRESS  OF  NATIONS. 


.34 


But  still  the  system  lacked  shape,  compactness  and 
consistency ; and,  until  the  days  of  Hugo  Grotius, 
he,  who  wished  to  learn  the  law  of  nations,  was 
obliged  to  search  for  its  principles  through  a thousand 
scattered  volumes,  nor  could  he  then  be  said  to 
possess  a definite  comprehension  of  the  science. 

This  great  man,  whose  name  should  be  dear  to 
the  friends  of  peace,  “ arose  like  a splendid  luminary, 
dispelling  darkness  and  confusion,  and  imparting  light 
and  security  to  the  intercourse  of  nations.”* 

The  motives  of  Grotius,  and  the  nature,  intent  and 
result  of  his  labors,  are  thus  finely  described  by  an 
author,  whom  every  American  is  proud  to  name  as 
his  countryman : 

“ He  found  the  sentiment  universally  prevalent,  not 
only  among  the  vulgar,  but  among  men  of  reputed 
wisdom  and  learning,  that  war  was  a stranger  to  all 
justice,  and  that  no  commonwealth  could  be  governed 
without  injustice.  The  saying  of  Euphemus  in 
Thucydides,  he  perceived  to  be  in  almost  every  one’s 
mouth,  that  nothing  which  was  useful  was  unjust.f 
Many  persons,  who  were  friends  to  justice  in  private 
life,  made  no  account  of  it  in  a whole  nation,  and 
did  not  consider  it  as  applicable  to  rulers.  He 
perceived  a horrible  licentiousness  and  cruelty  in 
war,  throughout  the  Christian  world,  of  which 
barbarians  might  be  ashamed.  When  men  took  up 


* Kent,  ut  supra. 

t The  above  is  a translation  of  the  substance  of  tlie  remarks  quoted 
from  Grotius  in  the  note  to  page  39. 


35 


CONGRESS  OF  NATIONS. 


43 


arms,  there  was  no  longer  any  reverence  for  law 
either  human  or  divine,  and  it  seemed  as  if  some 
malignant  fury  was  sent  forth  into  the  world  with  a 
general  license  for  the  commission  of  all  manner  of 
wickedness  and  crime. 

“The  object  of  Grotius  was  to  correct  these  false 
theories  and  pernicious  maxims,  by  showing  a 
community  of  sentiment  among  the  wise  and  learned 
of  all  nations  and  ages,  in  favor  of  the  natural  law  of 
morality.  He  likewise  undertook  to  show  that  justice 
was  of  perpetual  obligation,  and  essential  to  the 
well-being  of  every  society,  and  that  the  great 
commonwealth  of  nations  stood  in  need  of  law, 
and  the  observance  of  faith,  and  the  practice  of 
justice.  His  object  was  to  digest  into  one  systematic 
code  the  principles  of  public  right,  and  to  supply 
authorities  for  almost  every  possible  case  in  the 
conduct  of  nations ; and  he  had  the  honor  of 
reducing  the  law  of  nations  to  a system,  and  of 
producing  a work  which  has  been  resorted  to,  as  the 
standard  of  authority  in  every  succeeding  age.  The 
more  it  is  studied,  the  more  will  our  admiration  be 
excited  at  the  consummate  execution  of  the  plan,  and 
the  genius  and  erudition  of  the  author.”* 

This  illustrious  writer  on  the  “Jus  Gentium,” 
was  bom  A.  D.  1583,  and  by  his  life  and  works 
demonstrated  the  justice  of  his  claims  to  that  homage 
which  all  Europe  acknowledged  to  be  his  due,  whUe 


Kent’s  Commentaries,  Lect.  I.  Ward’s  Law  of  Nations,  Preface. 


44 


CONGRESS  OF  NATIONS. 


36 


living,  and  which,  now  that  he  is  dead,  the  whole 
world  bestows  upon  his  memory  and  his  principles. 

It  is  a singular  fact,  and  one  upon  which  we  found 
strong  hopes  of  the  success  of  our  plans,  that  a single 
individual,  clothed  with  no  official  authority  or  sanction, 
but  by  the  mere  force  of  genius  and  learning,  could 
have  composed  a work  on  jurisprudence,  which 
should  immediately  acquire  the  authority  of  law,  be 
considered  of  universal  obligation,  and  be  quoted  with 
profound  respect  in  every  civilized  tribunal. 

Smce  the  publication  of  the  work  of  Grotius,  many 
other  writers,  of  splendid  talents  and  erudition,  have 
made  the  law  of  nations  an  object  of  study ; and  the 
names  of  PutfendorlF,  Bynkershoeck,  Vattel,  and 
others  of  kindred  merit,  are  as  familiar  to  our  courts, 
and  legislatures,  and  cabinets,  as  are  the  titles  of  our 
statute  books. 

Such  has  been  their  influence,  acting  upon  the 
general  mind  and  conscience,  that  this  universal  law 
of  nations,  though  enforced  by  no  earthly  authority, 
is  now  recognized  by  every  nation  in  Christendom  as 
the  basis  of  international  negotiation.  It  controls  the 
character  and  interpretation  of  treaties,*  and,  as  a 

* Nothing  more  strongly  illustrates  the  wretclied  condition  of  this 
law,  in  former  times,  than  the  low  and  contemptible  cunning  displayed 
in  the  making  and  interpretation  of  treaties.*  (Montesquieu,  Grand, 
and  Decad.  des  Rom.  tfurr/’s  Law  of  Motions,  Vol.  I,  p.  191.) 

J An  instance  of  this  cunninc  is  related  by  Valertvs  Maximus  (1.  7,  c.  3) ; Antiochiis, 
being  defeated  by  tlic  Roman  general,  Labeo,  agreed  to  snnender  one  Imlf  of  his  fleet. 
The  Roman  executed  the  treaty  by  cutting  every  galley  in  halves,  thus  ruining  the 
whole. 


37  CONGRESS  OF  NATIONS.  45 

universal  common  law,  furnishes  the  rule  of  conduct 
in  all  cases  omitted  by  treaty.  It  is  resolvable 
into  the  simple  and  beautiful  principle  stated  in 
Montesquieu,*  ^Hhat  different  nations  ought  to  do  each 
other  as  much  good  in  peace,  and  as  little  harm  in  war, 
as  possible,  without  injury  to  their  true  interest or 
the  still  better  maxim  of  Justinian,  ^^honeste  vivere, 
alterum  non  Icedere,  swum  cuique  tribuere,^^  — live 
uprightly,  injure  none,  render  to  each  his  due.  (Inst., 
\,  i,  3.) 

These  simple  and  fundamental  maxims  have  been 
developed  and  illustrated,  and,  applied  to  the  various 
exigences  of  national  affairs,  by  publicists  in  their 
treatises  on  national  law ; and,  under  the  influence  of 
those  principles  and  treatises,  the  frequency  of  wars 
in  modern  times  has  been  greatly  diminished  and  its 
horrors  mitigated : and  so  firmly  established  are  now 
the  great  leading  doctrines  of  that  code,  that  any 
infraction  of  them  arouses  the  indignant  rebuke  of 
all  Christendom.  They  are  at  times,  even  now, 
outraged ; but  the  offender  is  sure,  as  a tribute  to  the 
violated  rule  of  right,  to  accompany  his  crime  with  a 
thousand  apologies  and  attempts  at  self-justification ; 
and  he  is  also  sure  to  meet  with  the  just  vengeance  of 
a frowning  “commonwealth  of  nations;”  both  of  which 
facts  loudly  proclaim  the  immense  advance  that  has 
been  made  upon  the  ancient  regime  of  unblushing 
and  unrebuked  outrage. 


* L’Esprit  de  Loix,  b.  i,  c.  3. 


46 


CONGRESS  OF  NATIONS. 


38 


But  much  remains  yet  to  be  done,  before  the  world 
shall  possess  a thorough  code,  of  acknowledged 
authority,  in  this  great  department  of  law.  There  are 
defects  to  remove,  deficiencies  to  supply,  discrepances 
to  reconcile,  and,  above  all,  a higher  sanction  and 
increased  weight  of  authority,  to  be  created  and 
enforced.  The  increased  experience  and  wisdom  of 
modern  times  have  shed  ample  light  on  questions 
which  were  of  old  involved  in  obscurity.  The 
unforeseen  exigences  of  the  present,  having  outrun 
the  old  rules  and  their  applications,  demand  a 
corresponding  reform  and  advancement  in  the  law, 
and  the  intrinsic  authority  of  truth  and  the  weight  of 
individual  names,  require  to  be  succored  and  sustained 
by  the  auxiliary  authority  of  some  grand  and  imposing 
tribunal.  That  a Congress  of  delegates  from  the 
most  enlightened  states  of  Europe  and  America 
might  assist  in  this  reform,  it  is  no  absurdity  to  believe. 
We  have  no  doubt  that  both  departments  of  the  law 
of  nations,  namely,  that  which,  being  founded  on  the 
broad  principles  of  right,  is  called  “the  universal  law 
of  nations;”  and  that  which,  being  suggested  by  the 
special  condition  or  wants  of  any  particular  crisis  or 
people,  and  established  by  compact,  is  called  “the 
positive  law  of  nations,”  might  and  would  be 
materially  improved,  enlarged,  harmonized,  illustrated, 
and  greatly  increased  in  weight  of  authority,  by  the 
action  of  such  a Congress. 

In  regard  to  the  existing  motles  of  national 
intercourse,  and  of  adjusting  national  controversies 


39 


CONGRESS  OF  NATIONS. 


47 


without  resort  to  arms,  defects  and  embarrassments 
which  might  be  remedied,  are  still  abundant. 

Modem  diplomacy  originated  in  the  era  of  Cardinal 
Richeheu.  Since  that  period,  the  pacific  intercourse 
of  foreign  states  has  been  conducted  by  means  of 
accredited  agents,  of  all  grades,  from  ambassadors 
down  to  charges  d’affaires,  residing  near  the  foreign 
capital.  These  agents  are  a kind  of  states’  attorneys, 
receiving  instruction  and  authority  from  the  cabinet  at 
home,  and  representing  the  respective  sovereignties 
by  which  they  are  appointed ; and  their  precise  rank 
or  gradation,  their  powers,  duties  and  immunities,  are 
not  yet  sufficiently  defined  and  acknowledged,  to 
prevent  occasional  perplexity,  embarrassment,  or  even 
controversy.  And  the  functions  of  these  agents  are 
suspended  the  moment  hostilities  arise  between  the 
two  powers.  During  the  continuance  of  the  rupture 
thus  begun,  if  any  intercourse  is  kept  up,  it  is  by  a 
very  vague  and  awkward  system  of  special  agencies 
and  commissions. 

There  is  no  tribunal  and  no  solemnly  recognized 
mode  of  trying  and  adjusting  in  a pacific  manner  the 
causes  of  national  quarrel.  Arbitration  is  sometimes 
resorted  to ; or  a third  and  friendly  power  interposes, 
at  the  risk  of  provoking  additional  quarrel  by  what 
may  be  resented  as  an  impertinence.  But,  ordinarily, 
the  bloody  issue  is  joined  without  an  effort  made  by 
an  impartial  and  disinterested  party  to  reconcile  the 
belligerents,  or  prevent  the  effusion  of  blood. 

The  existing  mode  of  state  intercourse,  has. 


48 


CONGRESS  OF  NATIONS. 


40 


nevertheless,  with  all  its  defects,  done  much  to  favor 
the  cause  of  peace,  and  there  is  a growing  disposition 
to  negotiate,  and  settle  by  argument,  evidence  and 
friendly  compact,  a hundred  forms  of  dispute  which 
were  once  deemed  adequate  and  urgent  cause  of 
war.  But  these  defects  might  readily  be  cured  or 
diminished.  Our  proposed  Congress  might  fully  and 
clearly  adjust  all  conflicting  views  as  to  the  grade, 
duty,  power  and  privilege  of  public  ministers ; might 
act  as  a third,  and  unprejudiced,  dispassionate  party, 
or  board  of  referees,  in  all  great  cases  of  doubtful  or 
disputed  right,  and,  in  case  of  actual  war,  might 
interpose  friendly  services  and  kind  offices  between 
the  belligerents ; and,  in  a variety  of  other  ways,  do 
much  to  remove  many  of  the  yet  remaining  obstacles 
to  the  prevalence  of  universal  harmony  among 
nations. 

In  the  language  of  that  distinguished  jurist  whom 
we  have  already  quoted  so  largely,  “as  the  precepts 
of  this  code  (the  law  of  nations)  are  not  defined  in 
every  case  with  perfect  precision,  and  as  nations 
have  no  common  civil  tribunal  to  resort  to  for  the 
interpretation  and  execution  of  this  law,  it  is  very 
often  difficult  to  ascertain,  to  the  satisfaction  of  the 
parties  concerned,  its  precise  injunctions  and  extent ; 
and  a still  greater  difficulty  is  the  want  of  adequate 
pacific  means  to  secure  obedience  to  its  dictates.” 

But,  in  view  of  all  these  facts  and  doctrines,  we  are 
deeply  impressed  with  the  conviction,  that  there  must, 
eventually,  be  organized  such  a tribunal  as  is  thus 


41 


CONGRESS  OF  NATIONS. 


49 


called  for  by  the  wants  of  mankind  ; although, 
perhaps,  it  may  not,  and  need  not,  possess  every  one 
of  those  powers  which  are  now  deemed  necessary  to 
its  successful  operation.  There  may,  and  we  beheve 
there  will,  be  created,  an  international  tribunal,  call  it 
congress  or  court,  by  which  there  shall  be  drawn  up, 
and  recommended  to  universal  adoption,  a complete 
code  of  international  law ; a code  which  shall  increase 
the  difficulties  of  declaring  war,  by  devising  new 
methods  of  peaceful  negotiation ; a tribunal  that  shall 
sit  as  the  ultimate  court  of  arbitration  on  all  questions 
involving  international  interests  that  cannot  otherwise 
be  harmoniously  adjusted. 


7 


50 


CONGRESS  OF  NATIONS. 


42 


CHAPTER  III. 


A CONGRESS  OF  NATIONS  FOR  THE  PEACEFUL  ADJUSTMENT  OP 
INTERNATIONAL  DISPUTES. 

We  now  come  directly  to  a consideration  of  the 
proposed  pacific  tribunal.  And,  first,  in  regard  to  its 
name. 

We  are  accustomed,  with  the  name  Congress,  to 
associate  the  idea  of  a crowded  assembly,  in  which 
the  conflicting  passions  of  numbers  destroy  both 
dignity  and  the  power  of  calm  deliberation.  There 
are  also  connected  with  that  name,  in  the  minds  of 
those  lovers  of  popular  institutions  who  have  narrowly 
observed  the  recent  history  of  Europe,  a variety  of 
unpleasant  recollections,  which  are  calculated  to 
awaken  their  prejudices  the  moment  the  word  is 
spoken.* 

But  against  such  trifling  prejudices  we  should 
scrupulously  guard  ourselves,  when  reflecting  upon 
subjects  of  great  importance  and  substantial  interest, 
where  we  are  called  upon  to  regard  the  thing  itself 
in  debate,  and  not  the  name  by  which  it  is  designated. 
We  must  look  to  the  nature  of  the  tribunal. 


* Tlie  Congresses  of  the  Allied  Powers  of  Europe  have  done  little  to 
excite  the  gratitude  or  good-will  of  mankind.  See  Article  Congress, 
in  the  Encyclopasdia  Americana. 


43 


CONGRESS  OF  NATIONS. 


51 


A Congress  of  Nations,  or  such  a body  as  we 
would  propose,  need  not  embrace  an  army  of 
members, — need  not  resemble  the  crowded  ranks 
of  a representative  legislature.  Many  a year  must 
elapse  before  such  an  assembly  will  be  resorted  to  by 
a multitude  of  states.  Such  a Congress  as  is 
contemplated  by  the  friends  of  peace,  will  never 
alarm  by  its  numbers,  nor  by  its  hkeness  to  those 
assembhes  of  the  Allied  Powers  of  Europe  which 
have  of  late  years  formed  so  conspicuous  a feature  in 
the  pohtics  of  that  continent.  It  might  be  composed 
of  a small  number  of  delegates  from  such  nations  as 
are  willing  to  engage  in  the  scheme, — chosen  in  such 
manner  as  the  sovereign  authority  of  each  respective 
nation  might  select,  and  for  such  a term  of  office  as 
each  might  prefer. 

It  is  not  probable,  that  a large  number  of 
governments  would  very  soon  become  disposed  to 
unite  in  this  project.  But  its  auspicious  commence- 
ment would  not  depend  upon  its  instantly  enlisting 
the  cooperation  of  all  Christendom.  Let  but  a few 
prominent  nations, — American  and  European,  — unite 
in  making  the  experiment,  and  its  happy  results 
would  in  due  time  recommend  it  to  universal 
adoption. 

The  formation  of  the  next  treaty  that  shall  be  made 
between  this  country  and  any  other,  — suppose 
England, — will  furnish  an  opportunity  of  paving  the 
way  for  such  a Congress.  Or,  special  instructions 
might  sooner  be  communicated  to  our  ministers 
abroad,  to  propose  to  the  respective  courts  at 


52 


CONGRESS  OF  NATIONS. 


44 


which  they  reside,  this  new  method  of  international 
negotiation.  Let  the  proposition  be  made,  that  in  all 
cases  of  disputed  claims,  or  conflicting  interests 
between  the  two  sovereignties,  before  a resort  is 
made  to  arms,  the  matter  in  controversy  shall  be 
referred  to  a tribunal  permanently  established  (or 
temporarily  created  and  assembled),  composed  of 
delegates  from  not  less  than  three  independent 
nations,  chosen  for  such  purposes,  and  sitting  as  a court 
or  congress  of  appeal  on  questions  of  international 
law,  and  for  such  further  objects  as  may  be 
enumerated. 

Upon  this  general  statement  of  the  intent  of  such 
a Congress,  and  of  the  manner  in  which  it  might  be 
originated,  the  plan  does  not  seem  to  present  any 
invincible  difficulty,  nor  any  strong  ground  of 
objection. 

Its  adoption  would  slightly  alter  the  present  mode 
of  adjusting  national  dissensions  ; it  would  add 
something  to  existing  diplomatic  arrangements.  But 
the  idea  of  subverting  established  institutions  is  not 
connected  with  such  a scheme.  The  most  rigid 
enemy  of  change  need  not  apprehend  a revolution, 
nor  the  most  radical  reformer  fear  that  a revolution 
will  be  prevented.  The  machinery  of  government 
would  not  become  more  complicated,  nor  the  burden 
of  national  expense  be  sensibly  increased.  The 
experiment  would  certainly  be  safe ; we  feel  sure 
that  it  would  be  successful ; and  if  so,  it  would 
confer  upon  mankind  a greater  blessing  than  they  have 
ever  yet  enjoyed. 


45 


COJVGRESS  OF  NATIONS. 


53 


But,  to  speak  more  fully  of  the  designs,  purposes 
and  proceedings  of  this  august  tribunal. 

The  general  design  of  a national  Congress  would 
be,  the  prevention  of  war,  by  furnishing  pacific  modes 
of  adjusting  international  disputes,  and  by  removmg 
the  most  common  causes  of  hostility. 

In  stating  that  such  would  be  the  purpose  of  the 
proposed  assembly,  we  do  not  deem  it  needful  to 
assume  the  broad  ground,  that  war  is  in  no  case 
justifiable.  The  usefulness  of  pacific  means  of 
settling  great  international  questions  does  not  depend 
upon  the  truth  of  this  extreme  proposition.  But  loe 
take  the  firm  and  acknowledged  ground,  that  war  is 
an  enormous  evil ; that  it  is  invariably  followed  by 
countless  other  evils  in  respect  to  both  contending 
parties;  that  it  should  never  be  undertaken  except 
for  the  most  urgent  necessity  and  on  the  best  of 
motives ; that  if  resorted  to  at  all,  it  should  be  after 
all  pacific  measures  have  failed  to  give  safety  to 
society ; that  it  should  never  be  used  except  as  capital 
punishment  is  used  by  the  sovereign  executor  of 
municipal  law ; * that  of  all  the  wars  which  have 
scourged  mankind,  not  one  of  a thousand  has,  upon 
these  principles,  been  justifiable ; and  that  the  actual 
adoption  of  these  moderate  pacific  doctrines  and 
principles  would  diminish  the  probabihties  of  future 
war  a thousand-fold. 

To  give  currency  and  effect  to  such  doctrines,  as 
well  as  to  devise  and  employ  pacific  expedients. 


* Grotius,  De  Jure  Belli  ac  Pads,  Proleg.,  § 25. 


54 


CONGRESS  OF  NATIONS. 


46 


would  form  the  grand  object  of  the  proposed 
Congress. 

In  the  accomplishment  of  this  purpose,  one  of  the 
first  duties  to  be  performed,  might  be  the  preparation 
and  publication  of  such  a code  of  international  law 
as  we  have  already  described,  whereby  the  whole 
commonwealth  of  nations  would  be  clearly  instructed 
in  their  respective  rights  and  duties, — ignorance 
of  which  is  one  of  the  most  frequent  causes  of 
misunderstanding  and  enmity. 

The  code  of  international  law,  as  we  have  already 
said,  is  yet  far  from  being  either  complete,  or  generally 
known  and  understood.  Momentous  principles  remain 
unsettled  ; new  questions  of  doubt  and  perplexity 
are  now  the  progeny  of  every  year ; great  names  are 
arrayed  against  each  other ; a wise,  well-chosen  and 
ultimate  tribunal  is  called  for,  to  investigate  these 
principles,  remove  all  doubt  and  obscurity,  and 
illuminate  the  whole  subject  with  the  strong  light  of 
modern  virtue  and  learning. 

By  way  of  illustrating  our  meaning  to  the  reader, 
we  will  adduce  one  or  two  examples  of  important 
questions  that  are  yet  to  be  settled,  and  upon  opposite 
sides  of  which  are  to  be  found  names  of  the  highest 
authority. 

1.  The  great  question,  What  is  the  duty  of  the 
government  of  a neutral  territory,  across  which  a right 
of  passage  is  claimed  by  one  of  the  belligerent  armies  ? 
Ought  such  a demand  to  be  granted  or  denied  1 

Learned  doctors  and  weighty  arguments  are  found 
in  conflict  upon  this  subject;  and  thus  the  neutral 


47 


CONGRESS  OF  NATIONS. 


55 


ground  is  made  the  scene  of  literary  warfare.  Let 
us  look  at  some  of  these  conflicting  authorities. 

Grotius  (“c/arwm  et  venerabile  nomen”)  declares 
that  the  permission  should  be  granted,  arguing  that 
the  establishment  of  property  was  originally  made, 
with  the  tacit  reservation  of  the  right  of  using  the 
property  of  another  in  time  of  need,  so  far  as  it  can 
be  done  without  injury  to  the  owner,  and  that  the 
necessities  of  war  revive  this  dormant  right. 

Burlamaqui  asserts  that  this  permission  should 
never  be  granted,  except  under  circumstances 
amounting  to  compulsion  ; and  he  supports  his 
opinion  by  alleging  the  infinite  inconvenience  and 
danger  which  must  attend  the  passage  and  presence 
of  an  armed  force,  as  well  as  the  evils  that  must  arise 
from  applying  the  principle  laid  down  by  Grotius  to 
the  affairs  of  private  life.* 

A case  may  readily  be  supposed,  in  which  this 
question  shall  become  of  mighty  moment.  A war 
arises  between  Mexico  and  England.  English 
squadrons  blockade  every  Mexican  port.  Mexico 
plans  an  invasion  of  Canada, — to  execute  which,  her 
armies  must  cross  the  territories  of  the  United  States. 
She  demands  permission,  or  claims  a right,  to  cross 
those  territories.  To  refuse  is  to  make  her  our 
enemy : compliance  ^vill  rouse  the  hostility  of  England, 
and  convert  our  soil  into  the  field  of  battle  between 
the  belligerents,  thus  subjecting  us  to  all  the  evils  of 
a party  to  the  war. 


See  Burlamaqui} s JVatural  and  Political  Law,  Part  4,  ch.  ii,  § 20. 


56 


CONGRESS  OF  NATIONS. 


48 


Where  the  neutral  country  is  feeble,  and  unable  to 
enforce  a refusal  of  the  claimed  permission,  under  the 
existing  state  of  things,  most  generals  would  probably 
imitate  the  conduct  of  Napoleon  towards  the  petty 
neutral  states  of  Italy,  acting  upon  the  base  principle, 
“id  cEquius  quod  vcdidius.”  But  we  look  forward  to 
the  day  when  the  sword  shall  no  longer  be  drawn  to 
cut  asunder  the  Gordian  knot  of  perplexed  questions 
of  right  ; when  the  obligations  of  law  shall  be 
universally  respected.  Now  let  a Congress  of 
Nations,  before  the  advent  of  such  a case  as  we  have 
supposed,  solemnly  declare  the  perfect  inviolability 
of  neutral  territory,  and  the  governments  represented 
in  Congress  would  be  no  more  embarrassed  with 
doubt. 

2.  Another  question,  of  vast  and  increasing 
importance,  is  that  of  foreign  interference ; or,  the 
right  of  one  state  to  make  itself,  on  any  pretence, 
a party  to  the  domestic  and  internal  affairs  of  its 
neighbor. 

This  question  has  always  possessed  a high  degree 
of  interest ; but  in  the  present  age  of  revolution  is 
peculiarly  a subject  of  attention  and  inquiry. 

The  history  of  the  ancient  Greeks  shows  us  that 
they  never  questioned  their  own  right,  on  every 
occasion,  to  make  themselves  parties  to  the  domestic 
quarrels  of  their  neighbors,  and  that  they  were  ever 
prompt  to  interfere.* 

Rome,  also,  with  that  haughty  spirit  which  always 


* Mitford’s  History  of  Greece,  Vol.  V,  p.  127. 


49 


CONGRESS  OF  NATIONS. 


57 


characterized  her  conduct,  assumed  and  exercised, 
on  all  occasions,  the  office  of  umpire  in  the  affairs  of 
other  nations,* * * §  sending  forth  both  fleets  and  armies 
at  the  sohcitation  of  revolted  provinces,  or  on  the 
impulse  of  her  own  jealousy  or  ambition.  Thus  did 
she  interfere  between  the  kingdom  of  Macedon  and 
the  Achaean  league ; by  her  insolent  arbitration 
dissolving  that  confederacy  which  had  given  safety  to 
the  petty  states  of  southern  Greece,  and  by  this 
dissolution  placing  those  states  at  her  absolute 
control, — at  the  mercy  of  her  insatiable  appetite 
for  conquest.! 

This  unquahfied  doctrine  of  antiquity  has,  in 
modem  times,  been  condemned  by  legal  tribunals,  as 
well  as  by  individual  authority ; but  no  settled  rule 
has  been  established  in  its  stead, f although  the 
Congress  of  the  AUied  Powers  (for  1820-21) 
proclaimed  the  right  of  an  armed  interference.^ 

Whatever  be  modem  laio,  the  practice  has  not, 
in  some  instances,  differed,  except  perhaps  in  excess 
of  injustice,  from  that  of  antiquity.  We  are  prompt 
to  condemn  the  meddlesome  interference  of  ancient 
states ; but  what  shall  we  say  to  modem  instances  1 
What  of  that  monstrous  exhibition  of  lawless  rapacity 
— the  triple  partition  of  Poland  ?|| 

* Livy,  lib.  iii,  c.  30.  t 

t VatteVs  Law  of  JSTations,  b.  2,  c.  iv,  §§  49,  50.  Huber,  de  Jure 

Civ.,  1.  3,  c.  vii,  § 4.  Rutherforth,  b.  2,  c.  ix.  Grotius,  lib.  2,  c.  xxv,  § 8. 

§ See  Lord  CastlereagKs  Circular  Despatch  of  Jan.  19,  1821,  deny- 
ing that  doctrine. 

II  “The  interference  of  Russia,  Prussia  and  Austria,  in  the  internal 
government  of  Poland, — first  dismembering  it  of  large  portions  of  its 


58 


CONGRESS  OF  NATIONS. 


50 


If  we  would  learn  what  sentence  was  expected 
from  the  tribunal  of  public  opinion  by  these  national 
vultures  as  they  stooped  upon  their  prey,  we  have 
only  to  look  at  those  numerous,  elaborate,  and 
specious,  but  sophistical  defences,  manifestos  and 
proclamations,  with  which  they  vainly  endeavored  to 
conceal  the  infamy  of  the  transaction,* *  and  to  avert 

territory,  and  finally  overturning  its  constitution,  and  destroying  its 
existence  as  an  independent  power,  was  an  aggravated  abuse  of 
national  right”  [Kent's  Commentaries,  Lect.  2.) 

For  an  account  of  this  procedure,  see  History  of  Poland,  by  James 
Fletcher,  Esq., — No.  24,  Harper’s  Family  Library;  a work  written 
with  great  ability,  learning  and  fidelity. 

* “All  the  three  powers  tliought  it  necessary  to  publish  some 
defence  of  their  conduct ; and,  in  separate  pamphlets,  they  attempted  to 
prove  that  they  had  legitimate  claims  on  Poland,  and  that  tlieir  present 
violent  seizures  were  only  just  resumptions  of  their  own  territory,  or 
equivalent  to  it”  (Fletcher's  Poland,  c.  ix.) 

The  following  is  tlie  title  of  the  Russian  defence : — “ Expose  de  la 
conduite  de  la  cour  imperiale  de  Russie  vis-a-vis  de  la  serenissime 
Repuhlique  de  Pologne,  avec  la  deduction  des  litres  sur  lesquels  elleforde 
sa  p7-ise  de  possession  d'un  equivalent  de  ses  droits  et  pretensions  a la 
charge  de  cette  puissance,  Petersburg,  1773.” 

The  Austrian  defence  is  thus  entitled : — “Les  Droits  de  la  Couronne 
de  Hongrie  sur  la  Russie-Rouge  (Gallicia)  et  sur  la  Podolie  ainsi  que  de 
la  Couronne  de  Boheme  sur  les  DucMs  d'Oswiedm  et  Zator." 

The  absurd  arguments  of  Prussia  are  tlius  entitled : — “ Les  Droits 
de  sa  MajesU  le  Roi  de  Prusse  comme  Marquis  de  Brandehurg  sur  le 
ducM  de  Pomerillie  {P omerania.)  et  plusieurs  autres  Districts  du  Royaume 
de  Pologne,  avec  les  Pieces  Justificcdives."  In  this  defence,  it  is  modestly 
asserted  that  the  arguments  and  doctrines  of  Grotius,  Puffendorff, 
Wolff,  and  others,  are  futile.  The  study  of  tliose  defences  is  a most 
edifying  task. 

The  friends  of  peace  rely  upon  the  strong  expression  of  public 
indignation  in  reference  to  national  misconduct,  as  one  of  the  most 
certain  pacific  means  of  preventing  its  recurrence.  We,  therefore,  do 
not  hesitate  to  express  boldly  our  own  feelings,  and  quote  freely  the 
language  of  others. 


51 


CONGRESS  OF  NATIONS. 


59 


the  expected  and  dreaded  condemnation  of  the  whole 
family  of  Christian  states. 

What  shall  we  say  of  the  invasion  of  Holland  by 
Prussia,  in  1787,  of  Naples  by  Austria,  in  1821,  of 
Spain  by  France,  in  1823?  Perhaps  silence  will  be 
wiser  than  speech.* * 

Thus  practically  doubtful  and  undecided  do  we 
find  this  most  momentous  question.  A Congress  of 
Nations  might  dispel  that  obscurity,  and  shed  abroad 
the  light  of  security  and  • peace  upon  nations  which 
now  tremble  in  doubtful  apprehension,  and  know  not 
an  hour  of  domestic  quiet. 

We  need  not  multiply  illustrations  of  a necessity, 
universally  felt,  of  a revised  and  complete  code  of 
international  law,  and  of  the  consequent  call  for  some 
dignified  body  by  which  this  want  may  be  supplied. 
We  are  persuaded  that  this  necessity  speaks  loudly 
and  eloquently  in  behalf  of  a Congress  of  Nations.! 

The  mere  anticipation  of  a tribunal  composed  of 
delegates  from  the  most  illustrious  nations  of  Chris- 
tendom, and  embodying  the  wisest,  and  most  learned, 
and  the  best  of  every  land,  whose  duty  it  shall  be 
to  collect  the  scattered  lights  of  history ; to  gather. 


It  is  worthy  of  remark,  that  the  above  defences  are  placed  on  the 
mere  ground  of  title, — not  of  the  right  of  international  ivierference. 

* See  Lord  Brougham’s  Speech,  in  1823  (Feb.  4),  on  the  “War  with 
Spain.” 

t The  great  questions  of  the  right  of  search,  of  natural  allegiance, 
of  privateering,  of  paper  blockade,  of  contraband,  and  many  others  of 
equal  interest  might  be  specified ; but  these  will  all  suggest  themselves 
to  the  mind  of  the  well-informed  reader,  as  proper  subjects  for  the 
deliberation  of  such  a tribunal. 


60 


CONGRESS  OF  NATIONS. 


52 


compare,  digest,  and  harmonize  the  writings  of  sages  ; 
to  bring  forth  from  the  statute  books  and  judicial 
records  of  their  respective  countries  the  accumulated 
treasures  of  law,  and  submit  them  to  the  combined 
wisdom  of  the  whole  Congress,  to  be  modelled  into 
one  grand,  perfect  and  glorious  system  for  universal 
admiration  and  adoption, — the  mere  anticipation  of 
such  an  assemblage  is  sufficient  to  fill  the  soul  with 
emotions  of  sublimity. 

The  proposed  Congress,  having  performed  their 
first  great  duty,  might  then  proceed  to  discharge  their 
functions  as  a tribunal  of  ultimate  appeal,  or  dernier 
resort,  upon  all  such  questions  of  international 
difficulty  as  might  legitimately  come  before  them ; 
ever  acting  under  the  solemn  recollection,  that  they  are 
the  ministers  of  peace,  and  that  war  is  always  a curse. 

In  this  capacity,  they  would,  inter  alia,  perform 
the  duty  which  is  now  so  frequently  assigned,  by 
consent  of  contending  nations,  to  some  third  power 
as  arbitrator;  such  as  the  settlement  of  disputed 
boundaries,  pecuniary  claims,  the  interpretation  of 
treaty  stipulations,  &c.,  &c. 

Under  the  existing  practice  of  reference,  serious 
inconveniences  always  arise,  from  the  fact,  that  the 
arbitrator,  being,  in  most  cases,  some  sovereign,  cannot 
conveniently  devote  time  and  labor  adequate  to  the 
full  investigation,  and  necessary  to  the  fair  decision,  of 
the  matter  in  controversy ; but  is  compelled  to  decide 
by  the  dim  light  of  partial  information,  and  perhaps 
under  the  influence  of  long-formed  and  deeply-rooted, 
if  not  unsuspected,  prejudices.  These  inconveniences. 


53 


CONGRESS  OF  NATIONS. 


61 


which  are  such  as  to  render  the  decree  of  arbitration 
almost  always  unsatisfactory,  would  never  be  felt  from 
the  reference  of  disputes  to  a Congress  of  Nations. 

No  one  can  question  the  advantage  of  possessing  a 
permanent  or  special  body,  created  for  such  purposes, 
composed  of  members,  who  are  elected  from  several 
governments,  devoted  wholly  to  these  international 
subjects,  and  acting  under  the  consciousness  that 
their  decisions  will  be  universally  known,  will  survive 
the  present  hour,  be  hereafter  used  as  estabUshed 
precedents,  and  at  last  go  down  to  posterity  as  the 
imperishable  monuments  of  wisdom  or  folly,  of  honor 
or  disgrace. 

What  nation  would  not  submit  the  decision  of 
questions  involving  her  rights  to  such  a tribunal,  rather 
than  refer  them  to  the  hurried  and  imperfect,  perhaps 
the  partial,  examination  and  arbitrament  of  a single 
individual,  who  is  surrounded  by  other  cares,  reluctant 
to  assume  the  invidious  and  unrewarded  office,  and 
liable  to  be  carried  away  by  sudden  passion,  or 
seduced  by  corrupt  inclination  ? 

Another  class  of  the  duties  of  such  a body,  as 
we  have  before  suggested,  would  consist  of  those 
functions  which  are  now  performed  by  special  or  ex- 
traordinary commissioners  or  ambassadors,  somewhat 
analogous  to  the  duties  of  arbitration  and  umpirage ; 
but  which  need  not  be  specifically  enumerated. 

We  need  not  be  alarmed  at  the  idea  that  such  a 
Congress  would  be  crushed  beneath  the  burden  of 
its  duties ; that  questions  of  conflicting  interests 
would  be  too  greatly  multiplied  upon  its  hands.  We 


62 


CONGRESS  OF  NATIONS. 


54 


cannot  believe  that  its  task  would  be  more  onerous 
than  is  that  of  any  foreign  minister  under  present 
arrangements.  None  but  questions  of  the  highest 
moment,  of  a strictly  international  character,  and 
such  as  threaten  or  have  produced  war  between 
independent  states,  would  be  presented  for  its  consid- 
eration. All  others  would  continue  subject  to  then- 
present  modes  of  adjudication,  or  to  such  further 
methods  as  such  Congress  might  suggest. 

The  present  frequency  of  international  war  would 
for  a while  form  a correct  standard,  by  which  to 
measure  the  amount  of  business  that  would  demand 
the  attention  of  the  Congress.  But  this  would  not 
long  remain  a correct  criterion ; for  the  direct  and 
instant  tendency  of  the  action  of  that  body  would  be, 
to  reduce  the  number  of  questions  whose  agitation 
now  produces  or  threatens  war ; and  the  causes  of 
quarrel  being  removed,  quarrels  would  cease. 

Thus,  for  example,  questions  of  territorial  right 
would  very  speedily  be  settled,  and  the  boundaries  of 
nations  become  as  definitely  marked  and  as  accurately 
known  as  are  the  great  natural  outlines  of  the  globe ; 
and  that  tide  of  blood,  which,  in  all  preceding  ages, 
has  kept  the  lines  of  political  geography  in  constant 
fluctuation,  would  no  more  ebb  and  flow,  to  “perplex 
with  fear  of  change”  the  nations, — would  no  longer 
sweep  away  ancient  landmarks,  but  would  be  for  ever 
dried  up. 

So,  in  like  manner,  would  it  be  with  many  other 
subjects  of  controversy.  The  light  of  knowledge 
would  soon  dispel  that  uncertainty  which  is  so  often 
the  cause  of  offence  and  quarrel. 


55 


CONGRESS  OF  NATIONS. 


63 


In  this  manner  would  such  a Congress  diminish 
at  once  the  frequency  of  war  and  the  burden  of  its 
own  duties,  until  there  should  scarcely  arise  in  one 
generation  a subject  of  dehberation,  and  the  great 
family  of  governments  should  dwell  together  in  that 
harmony  which  is  so  beautifully  symbohzed  by  the 
prophet,  as  the  reposing  together  of  the  lion  and  the 
lamb  in  undisturbed  friendship. 

Who  is  there  among  the  potentates  of  Christendom, 
or  among^the  ministers  of  national  conduct,  so  fond 
of  strife  and  contention, — so  bhnded  by  ambition  to 
the  miseries  of  his  race,  — so  intent  upon  erecting  the 
fabric  of  national  glory  on  the  trampled  rights  of 
other  nations, — so  rabid  in  his  thirst  for  dominion, 
for  glory,  or  for  blood, — that  he  will  not  regard 
with  dehght  this  beautiful  vision  of  earthly  bhss,  and 
rejoice  to  bring  to  its  consummation  the  whole 
energies  of  his  mind,  and  the  whole  power  of  his 
empire  ? 

“I  cannot  conceive,”  says  a distinguished  jurist, 
speaking  of  the  U.  S.  Supreme  Court,  “of  any  thing 
more  grand  and  imposing  in  the  whole  administration 
of  human  justice,  than  the  spectacle  of  the  Supreme 
Court  sitting  in  solemn  judgment  upon  the  conflicting 
claims  of  the  national  and  state  sovereignties,  and 
tranquilhzing  all  jealous  and  angry  passions,  and 
binding  together  this  great  confederacy  of  states  in 
perfect  harmony,  by  the  ability,  the  moderation,  and 
the  equity  of  its  decisions.”* 


* Kent's  Commentaries,  Part  2,  Lect.  xix,  Vol.  I,  p.  444. 


64 


CONGRESS  OF  NATIONS. 


66 


It  is  indeed  true,  that  the  world  now  furnishes  no 
spectacle  of  greater  sublimity  than  this.  But,  should 
the  visions  of  the  friends  of  peace  be  realized,  men 
will  then  behold  a spectacle  of  far  greater  majesty 
and  grandeur;  a tribunal  of  earth’s  greatest  and 
best  of  men,  sitting  in  judgment  upon  the  affairs  of 
numerous  nations,  and  estabhshing,  by  their  decisions, 
the  reign  of  universal  peace.  God  grant  that  the 
hopes  of  his  “ children  ” * may  not  be  disappointed ! 


OF  THE  AUTHORITY  OR  SANCTION  THAT  MIGHT  ATTACH  TO  THE 
DOINGS  OF  THE  PROPOSED  CONGRESS. 

We  have  seen,  1st,  that  the  first  great  object  of  a 
Congress  of  Nations  might  be  to  act  in  the  capacity 
of  a legislature,  or  legislative  commission,  for  the 
formation  of  a code  of  international  law. 

2.  That  it  might  thereafter  act  as  a judicial  tribunal 
in  the  adjustment  of  international  disputes. 

We  now  come  to  the  inquiry.  In  what  manner,  if  at 
all,  may  a Congress  of  Nations  enforce  obedience  to 
its  decrees  or  decisions  7 What  are  to  be  its 
sanctions  7 What,  and  how  exercised,  its  executive 
power  7 

This  is  by  far  the  most  difficult  part  of  the  subject, 
and,  at  first  view,  it  seems  thronged  with  embarrass- 
ments. But  let  us  regard  it  steadily  and  coolly,  and 
they  disappear,  or  sink  into  insignificance. 


* “ Blessed  are  the  peacemakers  ; for  they  shall  be  called  the  children 
of  God.” — Matt.  5 : 9. 


57  CONGRESS  OF  NATIONS.  65 

Shall  such  a Congress  be  invested  with  supreme 
control  over  certain  enumerated  subjects,  with  the 
right  of  an  ultimate  appeal  to  arms  to  enforce 
obedience,  thus  resembling  the  celebrated  Amphic- 
tyonic  Council? 

Or  shall  it  possess  the  mere  right  of  recommending 
its  measures  to  the  sovereignties  which  it  represents, 
like  the  American  Congress  under  the  old  articles  of 
confederation  ? 

In  the  one  case,  it  will  be  denounced  as  an  effort 
to  consohdate  independent  governments,  and  likely  to 
multiply,  instead  of  diminishing,  wars.  In  the  other, 
it  will  be  ridiculed  as  a mere  mockery  of  a Congress, 
enacting  laws,  and  uttering  decrees,  only  for  the 
purpose  of  being  disobeyed. 

But,  before  adopting  this  latter  idea,  let  us  suppose 
that,  in  relation  to  a code  of  international  laws,  it  have 
no  further  power  than  that  of  recommending  such  a 
code  as  it  may  prepare.  Should  we  not  be  justified, 
even  then,  in  hoping  that  much  good  would  be 
accomphshed?  Let  us  remember  in  what  manner 
the  existing  law  of  nations  acquired  its  authority.  If 
a single  man,  like  Hugo  Grotius,  was  able,  in  the 
early  part  of  the  seventeenth  century,  by  his  unaided 
talents,  to  create  from  the  chaos  of  the  past  an  almost 
perfect  system  of  international  jurisprudence,  and  by 
the  mere  force  of  his  genius  and  learning,  give  to  that 
system  almost  universal  authority,  have  we  not  every 
reason  to  believe,  that  a chosen  body  of  wise  and 
learned  men,  selected  from  among  many  nations, 
enlightened  by  all  the  experience  of  the  past,  and  by 


9 


66 


CONGRESS  OF  NATIONS. 


68 


the  lofty  principles  of  the  present  age,  and  devoting 
their  combined  energies  to  the  great  work,  would  give 
to  the  result  of  their  labors  such  perfectness  of  finish, 
such  clearness  of  reasoning,  such  force  of  illustration, 
as  would  at  once  render  the  work  of  universal 
authority  and  obligation?  It  seems  to  us,  whose 
opinions  are  perhaps  tinged  with  the  rosy  hue  of  hope, 
that  such  a result  is  an  object  of  rational  expectation. 

Let  us  suppose  that  such  a Congress,  as  a judicial 
body,  would  have  no  executive  authority.  In  that 
case,  its  decisions  in  relation  to  subjects  brought  before 
it,  by  special  agreement,  as  a judicial  tribunal, — or 
pronounced  in  pursuance  of  its  duty,  according  to 
the  powers  originally  conferred  upon  it,  would  possess 
all  the  force,  virtue  and  obligation  now  belonging  to 
the  decrees  of  other  arbitrators,  or  to  treaties  drawn 
up  by  diplomatic  agents  and  ratified  by  the  sovereign. 

It  is  national  regard  for  good  faith,  or,  in  other 
words,  an  enlightened  self-interest,  which  now  induces 
states  to  abide  by  the  decisions  of  a chosen  arbiter, 
or  by  the  covenants  and  agreements  of  treaties.  It 
is  that  respect  for  honesty,  fortified  by  a wise  regard 
for  their  own  interests,  and  cherished  in  a greater  or 
less  degree  by  all  civilized  nations,  which  renders 
them  true  to  any  of  their  engagements. 

The  same  feeling  is,  in  fact,  all  that  binds  together 
the  discordant  elements  of  society.  Mankind  surrender 
a portion  of  their  original  independence,  when  they 
enter  into  the  body  politic,  and,  in  consideration  of  the 
benefits  derived  from  that  association,  they  pledge 
themselves  to  support  its  institutions  and  obey  its  laws. 


59 


CONGRESS  OF  NATIONS. 


67 


This  pledge  is  redeemed  only  by  the  good  faith  of  the 
majority.  Let  the  majority  resolve  to  violate  their 
pledge, — to  disregard  and  trample  on  the  laws, — and 
civil  society  is  at  an  end.  Or  let  those  whose  duty 
it  is  to  enforce  the  laws  neglect  their  duty,  and  there 
is  the  termination  of  government. 

Thus  we  are  obliged  to  build  even  the  fabric  of  a 
single  state  upon  this  basis  of  good  faith ; and  so  long 
as  we  find  it  a safe  foundation  for  the  structure  of 
municipal  law,  so  long  may  we  confide  in  it,  as  the 
corner-stone  of  the  structure  of  international  law. 

This  good  faith,  as  we  have  above  hinted,  is 
fortunately  sustained  by,  if  not  identical  with, 
an  enlightened  self-interest.  Universal  experience 
teaches  the  truth  of  what  is  asserted  by  Grotius,* 
that  no  man  (and  if  no  man,  then  no  association  of 
men)  can  be  comfortable,  secure  or  happy  under  the 
consciousness  of  violated  duty.  Such  men  despise 
their  own  meanness ; they  fear  the  censure  of  the 
virtuous ; they  anticipate  the  punishment  of  a future 
state,  and  they  are  ever  in  danger  of  merited 
punishment. 

This  natural  respect  for  justice,  this  regard  for 
public  opinion,  and  this  apprehension  of  future 


* “Neqiie  tamen  quamvis  a vi  destitutum  jus  omni  caret  effectu: — 
nam  justitia  securitatem  afFert  conscientise,  injustia  tormenta  ac 
laniatus,  quales  in  tyrannorum  pectoribus  describit  Plato.  Justitiam 
probet,  injustitiam  damnat  proborum  consensus.  Quod  vero  maximum 
est,  hffic  Deum  inimicum,  ilia  faventem  habet,  qui  judicia  sua  ita  post 
banc  vitam  reservat,  ut  saspe  eorum  vim  etiam  in  hac  vita  reprsesentet, 
quod  multis  exemplis  historic  docent”  {De  Jure  Belli  ac  Pads, 
- Proleg.,  § 20.) 


68 


CONGRESS  OF  NATIONS. 


60 


retribution,  furnish  some  of  the  strongest  possible 
motives  for  individual  and  associated  action.  They 
have  always  exercised  a vast  control  over  the 
conduct  of  men  in  their  private  capacity,  and  in 
modern  times  they  have  acquired  an  influence  which 
is  constantly  increasing  in  relation  to  the  conduct  of 
public  affairs.  As  Christianity  extends,  and  the 
general  intelligence  increases,  so  will  this  reform 
increase. 

Mankind  are  more  and  more  confirmed  in  their 
regard  for  good  faith,  by  observing  how  essential  it 
is  to  the  security  of  society,  and  how  inevitably  its 
Aolation  introduces  political  evils  of  every  description. 
And  their  observations  of  these  important  facts  are 
becoming  more  clear  and  sensible,  from  year  to  year, 
as  the  acquisition  of  knowledge  goes  on ; and  as  the 
relations  betAveen  man  and  man,  and  between  state 
and  state,  increase  in  number  and  are  more  strongly 
felt  and  better  understood. 

It  has  been  truly  said,  that  “man  is  formed  for 
society,  and  is  neither  capable  of  living  solitary,  nor 
indeed  has  courage  to  do  it.”* 

Not  less  true  is  it  that  nations  require  and  seek  a 
community  and  reciprocity  of  kind  offices  amongst 
one  another.  No  nation  finds  itself  able  to  exist  in 
safety  and  security  without  some  sort  of  alliance  or 


* Puffendorff,  1.  7,  c.  i.  1.  Blackstone’s  Commentaries,  p.  43.  “ It 
is  the  sense  of  this  their  weakness  and  imperfection  that  keeps  mankind 
together,  that  demonstrates  the  necessity  of  this  union,  and  that, 
therefore,  is  the  solid  and  natural  foundation  as  well  as  the  cement  of 
civil  society.”  (Id.,  p.  47.)  Vattel,  Prelim,  chap.,  § 10. 


61 


CONGRESS  OF  NATIONS. 


69 


treaty  with  its  neighbors.  The  mightiest  is  too  feeble 
to  subsist  without  external  assistance,  or  to  defend 
itself  against  a combination  of  the  weaker  states ; 
and,  therefore,  aU  governments  are  anxious  to  form 
alliances.* 

This  is  strict  historical  truth.  And  we  ought  to 
thank  God  that  it  is  so ; for  it  places  all  governments 
under  the  absolute  necessity  of  honest  and  upright 
conduct,  at  least  towards  their  allies ; and  an  almost 
equal  necessity  of  fair  dealing  with  their  foes ; 
inasmuch  as  he  who  is  treacherous,  even  towards  an 
enemy,  is  sure  to  be  suspected  and  despised,  or 
feared  by  his  friends.  Let  any  government  acquire 
the  reputation  of  falsehood  and  disregard  of  principle, 
and  that  nation  soon  becomes  the  common  enemy  of 
all  mankind,  and,  early  or  late,  is  crushed  into  the 
dust,  as  was  that  monstrous  fabric  of  treachery  and 
misrule  which  grew  upon  the  ruins  of  monarchy  in 
France.!  The  proverbial  falsehood, — the  “Pwmca 
fides”  of  Carthage, — hurried  that  powerful  state  to 
destruction,  even  in  an  age  of  gross  moral  darkness 
and  debasement. 

It  is  becoming  more  and  more  evident  to  statesmen, 
that  the  machinery  of  government  never  works  well 
except  when  impelled  by  truth  and  virtue ; that  fraud 
and  crime  recoil  with  fatal  certainty  upon  their 


* Grotius,  Proleg.,  22. 

t “ If  we  see  a man,”  says  Xenophon,  “ who  is  uniformly  eager  to 
pursue  his  own  private  advantage,  without  regard  to  the  rules  of  honor 
or  tlie  duties  of  friendship,  why  should  we  in  any  emergency  think  of 
sparing  him  ? ” 


70 


CONGRESS  OF  NATIONS. 


62 


contrivers  ; and  that,  as  in  private  life,  so  also  in  public 
business,  whether  between  a state  and  the  citizens 
thereof,  or  between  independent  governments,  integrity 
is  essential  to  the  best  interests  of  all.* 

Thus  does  the  experience  of  mankind  ever  shed 
light  upon  the  infinite  wisdom  of  those  revealed  laws 
which  our  almighty  Father  has  mercifully  given  to  his 
children ; and  the  universal  prevalence  of  which  will, 
in  latter  days,  as  we  hope,  restore  mankind  in  a good 
degree  to  the  enjoyments  of  that  happy  condition 
from  which  by  their  own  folly  they  were  cast  down. 

In  view  of  these  considerations,  it  seems  to  us 
reasonable  to  believe,  that  the  mere  establishment  of 
an  international  body,  like  the  one  herein  described, 
with  no  more  power  than  that  of  adjudication,  advice 
and  recommendation,  would  be  productive  of  great 
and  permanent  good. 

But  the  sanctions  connected  with  the  decisions  of 
such  a tribunal  need  not  be  confined  to  such  as  are 
naturally  and  inevitably  attached  to  the  law  of  right. 
This  Congress  may  have  power,  if  the  nations  so 
will,  to  follow  up  its  decrees  by  a penalty,  pacific,  but 
tremendously  w^eighty,  in  its  character. 

This  authority  may  resemble  that  which  once  gave 
such  mighty  influence  to  the  commands  of  the 


* The  name  of  Machiavelli  has  become  infamous  in  modern  times 
as  the  author  of  a work  whicii  merely  sets  forth  the  crooked  rules  of 
policy,  that  in  his  day  were  universally  approved  and  acted  upon. 
A fact  like  this  speaks  consolation  to  those  vvho  delight  in  the  meliora- 
tion of  man. 


63 


CONGRESS  OF  NATIONS. 


71 


druidical  priesthood,  and  such  energy  to  the  mandates 
of  the  Papal  see.  It  would  be  an  extensive  appli- 
cation of  a measure  sometimes  resorted  to  with  great 
effect  by  a single  state. 

It  is  now  a common  practice  for  a government  that 
feels  itself  aggrieved  and  insulted,  to  cut  off  at  once 
all  intercourse  with  the  offending  state ; to  renounce 
all  aUiance,  call  home  her  ministers,  close  up  her  ports, 
and  treat  the  offender  as  though  she  had  no  existence. 
Such  a measure,  in  consequence  of  that  necessity  to 
which  we  have  before  alluded,  and  shall  soon  more 
particularly  notice,  is  sometimes  sufficient  to  prevent 
recourse  to  the  severer  redress  of  open  hostility. 

Now  let  the  nations  represented  in  the  proposed 
Congress  unite  in  the  determination  of  pursuing  this 
system  of  non -intercourse  m relation  to  every  state 
which,  after  having  submitted  its  controversy  to  the 
action  of  the  Congress,  shall  disobey  its  decree ; or 
which,  contrary  to  its  own  express  undertaking,  shall 
declare  war  with  any  nation  represented  in  the 
Congress,  without  first  submitting  to  its  decision  the 
question  in  debate.  Can  any  person  devise  a more 
powerful  or  certain  method  of  compelling,  without 
resort  to  arms,  the  submission  of  the  refractory,  of 
preserving  unbroken  peace  1 It  is  true  that  such  a 
Congress  as  we  propose  could  merely  recommend 
and  not  enforce  this  penal  measure.  But  as  the 
recommendation  would  be  made  to  the  several 
sovereignties  represented  in  the  Congress  not  parties 
to  the  offence,  and  as  these  powers  would  perceive 
that  they  must  either  act  in  accordance  with  the 


72 


CONGRESS  OF  NATIONS. 


64 


recommendation,  or  lose  all  the  benefits  of  the 
association,  there  would  be  little  doubt  as  to  their 
course. 

Cut  off  from  the  society  of  nations,  utterly  denied 
every  form  of  international  intercourse,  — branded,  as 
it  were,  and  avoided  as  an  outcast, — no  state  under 
heaven  could  long  remain  refractory.  The  extensive 
commercial  relations  of  modern  times,  of  which  we 
have  already  spoken,*  and  which  are  numerous 
beyond  the  conception  of  a partial  observer,  have 
made  a free  and  intimate  intercourse  with  sister 
states  essential  to  the  prosperity  and  even  existence 
of  all  civilized  nations.  Any  measure  by  which  this 
intercourse  should  be  destroyed,  would  be  a death- 
blow to  the  public  comfort  and  prosperity  of  the 
proscribed  state ; and  consequently  not  even  the 
terrors  of  that  Papal  bull  of  interdict  and  excommu- 
nication, which  once  carried  trembling  to  the  hearts 
of  kings,  nor  of  that  druidical  “ban  of  food  and 
fire,”  which  drove  its  victim  from  all  human  aid  and 
sympathy,  could  so  effectually  crush  the  spirit  of 
obstinacy,  as  a measure  like  this. 

The  wants  of  a people,  suffering  under  such 
an  interdict,  would  imperatively  demand  of  their 
government  such  concessions  to  the  authority  of  the 
Congress,  or  rather  such  a regard  for  their  own 
good  faith,  as  would  be  needful  to  restore  commerce, 
revive  business  and  resuscitate  their  national  vitality. 
Until  the  government  should  comply  with  those 


* cli.  i. 


65  CONGRESS  OF  NATIONS.  73 

popular  demands,  their  ships  must  rot  in  idleness, 
their  storehouses  remain  closed,  their  markets  empty, 
and  all  trades  and  employments  inactive.  Thus 
would  the  ordinary  fountains  of  revenue  be  dried 
up,  and  consequently  an  enormous  amount  of  direct 
taxation  be  added  to  those  other  causes  of  general 
discontent  and  distress.  The  whole  land  would 
he  like  a besieged  and  blockaded  city,  and  a 
universal  paralysis  would  pervade  both  people  and 
government,  so  that  neither  war  could  be  sustained 
nor  peace  endured. 

An  instrument  of  authority  like  this  would  give  to 
the  recommendations  of  such  a Congress  an  efficacy 
far  greater  than  would  be  derived  from  the  right  of 
armed  interference, — far  greater  than  now  belongs 
to  any  species  of  law,  whether  municipal  or  national, 
and  far  more  cogent  than  has  been  possessed  by  any 
treaty  or  compact  whatsoever. 

But  tremendous  as  such  power  might  become  in  its 
plenary  exercise,  we  need  not  fear  thus  to  entrust  it 
with  such  a tribunal.  There  would  be  small  danger 
of  its  perversion  or  abuse.  The  more  reasonable 
apprehension  would  be,  that  the  associated  states 
would  shrink  from  enforcing  it.  Theh  reluctance  to  do 
this  would  arise  partly  from  the  fact,  that  they  must 
each,  in  a certain  degree,  sympathize  and  suffer  with 
the  offender,  in  the  loss  of  markets,  and  of  marketable 
articles  ordinarily  received  from  the  delinquent.  They 
would  be  slow,  also,  to  establish,  without  adequate 
cause,  a precedent  that  might  one  day  be  used 
against  themselves,  though  each  should  feel  certam 


10 


74 


CONGRESS  OF  NATIONS. 


66 


of  the  poor  favor  conferred  by  the  Cyclops  on 
Ulysses  to  be  the  last  devoured. 

None  but  questions  strictly  international  would  come 
within  the  scope  of  such  a tribunal  as  is  contemplated 
by  this  Essay  ; for  we  wish  to  be  distinctly  understood 
to  protest  most  emphatically  against  the  right  of  any 
such  Congress,  or  of  any  alliance  whatever,  to 
intermeddle  with  the  internal  and  domestic  affairs  of 
an  independent  state.  The  doctrine  of  interference 
we  regard  with  that  unmingled  abhorrence  which  forms 
so  conspicuous  a tenet  in  the  creed  of  republicans. 

And  of  this  important  class  of  questions,  none  but 
such  as  were  prescribed  by  treaty,  would  be  brought 
under  consideration  in  a Congress  of  Nations : so 
that  with  all  these  safeguards  and  limitations,  the 
compulsory  process,  above  described,  would  be 
seldom  resorted  to,  and  never  in  cases  of  a trifling 
or  improper  character. 

Other  sanctions  might,  in  process  of  time,  be 
discovered  by  the  light  of  experience,  which,  after  all, 
teaches  the  most  valuable  lessons  to  individuals  and 
to  states. 

To  the  above  project  an  ingenious  adversary  might, 
doubtless,  bring  forward  still  further  objections.  The 
imagination  of  a timid  politician  is  like  a haunted 
house,  full  of  idle  and  unreal  terrors.  We  shall  not 
delay,  for  the  purpose  of  answering,  in  this  Essay, 
every  conceivable  argument,  and  of  removing  every 
fanciful  obstacle.  Our  purpose  is  not  so  much  to 
delight  the  imagination,  by  ingenious  speculations,  as 


67 


CONGRESS  OF  NATIONS. 


75 


to  present  a brief  outline  of  our  plan  for  an  international 
tribunal  whose  design  shall  be  to  promote  the  peace 
of  man,  and  the  harmony  of  governments. 

From  a Congress  of  Nations  thus  constituted, — 
composed  of  such  materials,  established  for  such 
benign  purposes,  possessing  the  jurisdiction  and 
authority  herein  described,  and  exercising  its  powers 
in  accordance  with  the  wise  and  benevolent  principle 
of  a highly  civilized  and  Christian  age, — mankind 
would  certainly  have  little  to  fear  and  every  thing  to 
expect,  and  to  its  establishment  they  may  well  look 
forward  with  high  hope  and  ardent  desire.  Impressed 
as  we  are  with  a deep  feehng  of  the  wants  of  our  age, 
— a strong  conviction  of  the  rapid  extension  of  the 
principles  of  peace,  and  a full  faith  in  the  fitness  of 
such  a Congress  to  give  increased  efficiency  to  those 
principles, — we  cannot  believe  that  our  favorite  scheme 
is  unreasonable,  nor  that  the  reflecting  friends  of 
their  race  will  long  continue  to  regard  that  scheme  as 
a hopeless  vision  of  fantastic  philanthropy. 

It  will  be  seen  that  our  thoughts  have  dwelt  in  this 
chapter,  upon  a permanent  body  of  delegates,  with 
regular  sessions  and  adjournments,  and  clothed  with 
a jurisdiction  quite  broad  and  general.  But  this  form 
of  the  tribunal  is  by  no  means  an  essential  part  of  the 
pacific  scheme.  Instead  of  such  an  institution,  we 
might  suppose  a substitute  somewhat  as  follows, 
namely : 

1.  A commission,  consisting  of  members  appointed 
by  the  several  and  respective  sovereignties,  which 
should  unite  in  the  plan,  for  the  special  purpose  of 


76 


CONGRESS  OF  NATIONS. 


68 


digesting  a uniform  system  or  code  of  rules,  for  the 
common  observance  in  both  war  and  peace ; the  times 
and  modes  of  choosing  the  commissioners,  and  the 
nature  and  extent  of  their  duties  depending  on  treaty 
stipulations. 

2.  A compact  between  several  states  providing 
for  the  appointment  of  an  extraordinary  commission, 
or  board  of  referees,  from  a disinterested  quarter, 
whenever  a dispute  should  arise  between  two  or 
more  of  the  associates  on  a question  of  great  moment, 
and  the  ordinary  modes  of  negotiation  should  fail; 
whose  duty  it  should  be  to  consider  of  the  matter 
in  dispute  and  decide  thereon,  such  decision  to  be 
obligatory  and  conclusive  only  so  far,  and  be  enforced 
in  such  manner,  only,  as  the  original  treaty  should 
prescribe. 

The  grand  object  to  be  accomplished  would  remain 
the  same,  whatever  might  be  the  form  of  the 
machinery  contrived  for  its  attainment.  That  object 
is  one  that  commends  itself  to  every  manly  heart.  It 
is  one  which  has  employed  the  thoughts  of  Deity, 
and  filled  the  councils  of  heaven.  It  is  one  which 
entered  into  the  high  and  divine  project  of  man’s 
redemption,  through  a crucified  Redeemer, — and 
which  inspired  the  songs  of  angels,  when  their  voices 
fell  upon  the  ravished  ears  of  the  shepherds  of  Galilee: 

“Sounds  of  so  sweet  a tone 
Before  were  never  known ; 

Sucli  was  the  immortal  seraphs’  song  sublime,— 

‘Glory  to  God  in  heaven: 

‘To  man  sweet  peace  bo  given, 

‘ Sweet  peace  and  friendship  to  the  end  of  time  ! ’ ” 


69 


CONGRESS  OF  NATIONS. 


77 


CHAPTER  IV. 

OF  THE  LIGHT  WHICH  HISTORY  SHEDS  ON  THE  FEASIBILITY  OF 
THIS  PROJECT. 

History  furnishes  no  example,  either  of  a considerable 
number  of  important  states  associated  in  any  way  for 
the  real  and  sole  purpose  of  preventing  war,  or  of  an 
international  tribunal  of  the  kind  proposed  in  this 
Essay.  We  cannot,  therefore,  reasonably  expect 
much  direct  historic  light  upon  the  subject  under 
consideration. 

There  have  been  councils,  leagues,  unions,  confed- 
eracies and  alliances  in  abundance;  but  none,  from 
whose  character  and  history  the  friends  or  opposers  of 
a Congress  of  Nations  for  the  promotion  of  peace 
can  derive  arguments  of  much  value. 

Security  from  dangerous  neighbors,  or  increased 
facilities  of  offence,  protection  from  assault,  or 
impunity  in  wrongful  invasion,  have  generally  formed 
the  objects  of  those  leagues  and  alliances.  They 
have  regarded  war  as  an  evil  only  to  the  vanquished, 
and  have  made  it  an  integral  part  of  their  schemes. 
They  have  grown  out  of  conscious  weakness,  and  the 
desire  of  increased  power,— not  from  philanthropic 
motives, — not  from  that  principle  of  humanity,  which, 
forgetting  national  aggrandizement,  looks  only  to  the 
good  of  mankind,  and  seeks  only  the  peaceable 
adjustment  of  international  quarrels. 


78 


CONGRESS  OF  NATIONS. 


70 


Such  leagues  and  compacts,  therefore,  while  they 
have  done  little  to  diminish  the  frequency  of  wars, 
have  done  much  to  increase  the  number  of  belligerents, 
and  the  ferocity  of  warfare.  The  nation  that  has 
secured  an  ally  may  be  less  exposed  to  attack,  but 
is,  on  that  very  account,  the  more  ready  and  likely  to 
become  the  aggressor.  Such  is  the  lesson  which 
selfishness  has  learned  from  impunity.  The  “Holy 
Alliance,”  so  called,  may  have  preserved  its  members 
from  quarrels  with  each  other,  and  from  foreign 
invasions  : but  has  it  diminished  their  lust  of  power, 
or  rendered  them  more  careful  of  the  rights  of  other 
European  states  ? Has  it  rendered  Russia  more 
friendly  to  the  Sultan,  or  more  magnanimous  towards 
struggling  Greece  ? Has  it  diminished  the  Austrian 
appetite  for  Italian  empire  ? Has  it  done  service  to 
the  cause  of  liberal  principles  in  Spain?  Has  it 
rendered  either  of  the  allies  more  just  or  humane 
towards  bleeding  Poland  1 * 

Feeble  as  the  analogy  may  be,  between  the 
proposed  Congress  and  the  various  combinations  of 
foreign  states,  which  have  existed  from  the  Council 
of  Amphictyons,  down  to  the  “ Holy  Alliance,”  it  will, 
nevertheless,  subserve  our  purpose,  to  present  a brief 
sketch  of  the  most  celebrated  of  these  confederacies, 
and  thus,  at  least,  display  the  contrast  between  them 
and  the  measure  now  advocated  by  the  friends  of 
peace. 


For  answei',  read  the  history  of  Europe  since  1815. 


71 


CONGRESS  OF  NATIONS. 


79 


1.  The  Amphictyonic  Council. 

First  in  order  of  time,  was  an  alliance  between 
several  of  the  petty  Grecian  states,  for  the  purpose  of 
mutual  protection  against  foreign  enemies  of  superior 
strength.  * * * § Each  of  these  states  was  entitled  to  two 
delegates  in  the  Council,  known  as  ‘■‘■the  Amphictyonic 
Council^  which  managed  both  the  civil  and  religious 
concerns  of  the  league,  t This  Council  met  twice  a 
year,  and  devised,  deUberated  upon,  and  set  on  foot 
all  measures,  by  itself  deemed  proper  to  prevent 
invasions,  to  protect  ecclesiastical  rights,  and  to 
punish  all  offences,  whether  of  a civil  or  sacred 
character ; t thus  performing  all  the  functions  of  a 
federal  government. 

In  its  design,  therefore,  and  in  its  constitution, 
character  and  authority,  it  was  wholly  unlike  the 
Congress  of  peace.  It  possessed  and  exercised  the 
power  of  making  war,  and  concluding  peace.  One 
of  the  earliest  fruits  of  this  confederacy,  was  a fierce 
spirit  of  conquest,  resulting  in  the  Dorian  invasion  of 
the  Peloponnessus.  Its  grand  finale  of  mischief  was 
the  famous  “ PhocianT  or  “Sacred  War,” — a war 
which  left  Philip  of  Macedon  master  of  the  league.  ^ 
The  war  was  first  declared  against  Phocis,  one  of 
the  allied  states,  for  the  dire  offence  of  converting  to 
agricultural  uses  a portion  of  land  consecrated  to  the 
gods.  Sparta  was  then  drawn  into  the  conflict ; 

* Gillie’s  History  of  Greece,  Vol.  I,  p.  107. 

f Pausanius,  in  Phoc.  and  ^schin.  de  Pals.  Legat. 

t Justin,  lib.  viii.  Diodorus,  lib.  xvi. 

§ See  the  authorities  last  cited. 


80 


CONGRESS  OF  NATIONS. 


72 


ten  years  of  bloodshed  ensued:  Philip,  in  an  evil 
hour,  was  summoned  to  the  aid  of  the  Amphictyons, 
and  thenceforward  the  glory  of  northern  Greece  was 
departed : 

“ ’t  was  Greece, 

“But  living  Greece  no  more!” 

Such  was  the  inevitable  fate  of  a confederacy 
governed  by  a council  possessing  a broad  jurisdiction 
over  subjects  of  a purely  domestic,  as  well  as  of  an 
international  character,  composed  of  semi-barbarians, 
urged  on  by  the  fiery  impulses  of  a rude  and  warlike 
age,  and  clothed  with  power  so  extensive. 

2.  The  Jichcean  League. 

Next  in  order  of  time,  we  may  notice  an  alliance, 
originally  defensive,  formed  among  several  of  the 
cities  of  Achaia,  in  southern  Greece,  and  hence 
denominated  “ the  Jlchtean  League.’’’  When  the 
folly  of  the  Amphictyonic  council  had  made  Philip  of 
Macedon  virtual  king  of  all  northern  Greece,  the 
Achaean  confederacy  was  so  far  extended  as  to 
embrace  all  but  two, — jEtolia  and  Sparta, — of  the 
Peloponnessian  provinces  in  a league  against  the 
Macedonian. 

War, — defensive  Avar,  to  be  sure, — was  the  end 
contemplated  by  this  alliance ; nor  was  it  long  before 
it  transgressed  this  defensive  limit,  and  declared  open 
hostility  against  Lacedemon.  Sparta  appealed  to 
Philip,  and  with  his  ready,  but  treacherous  aid,  was 
victorious.  But  now  there  was  risen  in  Italy  another 
power,  destined  ere-long  to  conquer  and  fill  the  earth. 


73 


CONGRESS  OF  NATIONS. 


81 


The  League  called  in  the  aid  of  Rome,  and  the 
legion  triumphed  over  the  phalanx.  Sparta  was 
crushed  and  compelled  to  become  a member  of 
the  confederacy,  while  jEtolia  and  Macedon  were 
converted  into  Roman  principahties.  Thus  liberty 
and  peace  were  nominally  restored  to  southern 
Greece ; but  Roman  interference  was  thenceforward 
a constant  and  growing  evil.  The  eagle,  whose 
beak  and  talons  had  torn  the  carcass  of  Macedon, 
jEtoha  and  Sparta,  was  finally  full  gorged  by  the 
blood  of  the  League.  Constant  aggression,  at  last, 
provoked  a declaration  of  war  against  Rome,  and  the 
Peloponnessus  became  a portion  of  that  vast  empire 
whose  yoke  so  long  galled  the  nations,* 

3.  The  Hanseatic  League. 

The  Roman  empire  became,  and  for  ages  remained, 
almost  universal.  It  neither  needed,  nor  sought,  the 
aid  of  confederacy.  But  Rome  at  last  fell  a prey  to 
her  own  vices,  her  lust  of  dominion,  and  the  northern 
hordes. 

About  A.  D.  1239,  there  sprung  up,  in  northern 
Europe,  a combination  amongst  divers  commercial 
cities,  for  the  protection  and  extension  of  their  trade. 
Pirates  infested  the  seas,  and  feudal  lords  were  equally 
mischievous  to  commerce  upon  shore.  The  wants 
of  the  age,  therefore,  demanded  a league  amongst 
the  enterprising  merchants  who  then  monopolized 


* Pausanius  in  Achaic.  Polybius,  Legat,  143.  Idvy,  books  32 
and  35. 


M 


82 


CONGRESS  OF  NATIONS. 


74 


the  trade  of  the  world.  Accordingly,  the  Hanse 
towns*  (so  called),  comprising  Hamburg,  Ditmarsh, 
Hadeln,  Lubeck,  and  Brunswick,  entered  into  political 
union, — for  the  defence  of  commerce, — with  a multi- 
tude of  other  cities  (in  all  eighty-five),  embracing  the 
wealth  of  Europe.  The  trade  of  the  union  extended 
over  the  known  world ; its  depots  and  factories  were 
found  wherever  markets  existed ; political  importance 
speedily  attached  to  the  League  ; the  right  of  declaring 
war  was  assumed  and  exercised ; and  every  member 
of  the  confederacy  was  obliged  to  furnish  its  quota  of 
troops,  vessels,  munitions  and  money.  Thus  the 
League  became  a sovereignty,  to  all  intents  and 
purposes ; — the  mistress  of  lands,  and  seas,  and 
crowns.  It  carried  on  successful  war  with  the 
Dutchy  of  Mecklenberg,  and  with  both  the  kingdoms 
of  Denmark  and  Sweden. 

The  discovery  of  America,  and  of  the  passage  to 
southern  India  by  the  Cape  of  Good  Hope,  and  the 
consequent  diversion  of  the  course  of  trade,  greatly 
reduced  the  importance  of  the  Hanseatic  cities,  and 
in  1630  dissolved  that  famous  League.f 

In  all  this  we  see  no  resemblance  to  the  pacific 
scheme  which  we  are  advocating. 

Similar  comments  might  with  justice  be  made  on 
the  Germanic  Confederation  and  the  Helvetic  Union ; t 


* Hama,  is  a Teutonic  word,  signifying  league  or  combination, 
f Kmpschildt,  Tractatus  H.  P.  J.  de  Juribus  Civ.  Imper.,  lib.  1,  c.  iv. 
Jlndtrson's  History  of  Commerce.  Robertson’s  Charles  V,  note  xxx. 

I J.  Von  Muller’s  Annals.  Zscho](ke,  Hist  Switz.  Liul.  Meyer's 
“Handbuck.” 


75 


CONGRESS  OF  NATIONS. 


83 


both  of  them  modes  of  sovereignty, — forms  of  national 
existence,  and  as  unlike  an  attempt  to  substitute  the 
advantages  of  negotiation  for  the  evils  of  war,  as  the 
crash  and  thunder  of  a cannonade  are  like  the  songs 
of  angels  on  the  plains  of  Bethlehem.  They  may 
have  pretended  to  consult  the  peace  of  their  several 
members, — but  only  on  the  principle  which  draws 
together  in  herds,  the  wolves  of  a German  forest. 
Our  North  American  Indian  combines  into  one 
instrument  his  calumet,  or  pipe  of  peace,  and  his 
tomahawk.  Fit  emblem,  this  savage  implement,  of 
the  pacific  character  of  those  confederacies  of  which 
we  have  now  spoken. 

4.  The  Holy  Alliance. 

Of  the  Holy  Alliance,  we  deem  it  our  duty  to 
speak  more  fully  and  minutely,  inasmuch  as  it  professes 
to  be  intended  only  for  pacific  and  Christian  purposes, 
while  its  conduct  has  been  such  as  to  excite  the 
abhorrence  of  all  free  states,  and  the  suspicions  of  all 
mankind.  This  Alliance  originated  m the  mind  of 
the  late  Russian  Emperor  Alexander,  and  was  formed 
at  Paris,  in  1815,  between  the  sovereigns  of  Russia, 
Prussia  and  Austria,  by  whose  combined  armies  Paris 
was  then  occupied,  Napoleon  expelled,  and  France 
overrun.  The  “Christian  Treaty,”  as  it  was  called, 
was  signed  by  these  three  monarchs  without  the 
intervention  of  ministers,  without  any  guaranty  save 
the  personal  honor  of  the  signers,  and  with  none  of 
the  customary  forms  of  diplomacy.  It  was,  therefore, 
either  a mere  personal  compact,  or  a declaration  of 


84 


CONGRESS  OF  NATIONS. 


76 


the  personal,  indefeasible,  divine  rights  of  monarchs 
as  such.  The  articles  bound  the  contracting  parties 
to  remain  united  as  brethren,  in  the  bonds  of  true 
and  indissoluble  fraternity,  to  lend  each  other  aid  and 
assistance  as  fellow-countrymen  on  all  occasions  and 
in  all  places,  and  to  lead  their  armies  and  subjects 
to  protect  religion,  peace  and  justice.  The  whole 
document  is  full  of  pious  declarations  and  solemn 
recognitions  of  Christian  duty. 

The  attention  of  all  Europe  was  aroused  by  an 
alliance  so  novel,  and  a treaty  so  superlatively  pious. 
Suspicion  or  ridicule  every  where  assailed  it.  It  was 
denounced  as  the  vagary  of  an  insane  Christianity,  or 
a real  conspiracy  of  monarchs  against  the  cause  of 
freedom.  Lord  Brougham  inveighed  against  it  in 
Parliament,  declaring  that  “ the  allies  with  a pretended 
respect,  but  a real  mockery  of  religion  and  morality, 
made  war  upon  liberty  in  the  abstract,  and  endeavored 
to  crush  national  independence  wherever  it  could  be 
found  and  that  it  originated  “in  monstrous  princi- 
ples of  systematic  interference,  and  was  designed  to 
enslave  Europe.” 

The  real  purposes  of  this  alliance  soon  appeared  in 
the  conduct  of  the  allies,  and  were  in  fact  declared  at 
some  of  their  Congresses.  The  Congress  of  1818 
alleged  that  peace  and  legitimate  stability”  were 
the  objects  at  which  the  allies  were  aiming ; thus 
declaring  their  determination  to  suppress  all  changes 
of  existing  forms  of  government.  The  Congress  of 


I^orrl  BrouQfha’Ti’s  Speeches,  Vol.  TV,  p. 


77 


CONGRESS  OF  NATIONS. 


85 


1820-21,  proclaimed  the  abominable  doctrine  that 
one  state  has  a right  to  interfere  forcibly  in  the  affairs 
of  any  other  state,  according  to  its  own  sense  of 
convenience  or  necessity,  thus  explaining  the  mode 
by  which  “legitimate  stability”  is  to  be  preserved. 
The  Austrian  invasion  of  Naples  followed  hard  after 
this  proclamation.  The  Allied  Congress  of  1822  led 
to  a similar  outrage  on  Spain,  by  France  acting  as 
the  tool  of  the  Alliance.  The  constant  violations  of 
the  most  sacred  promises  to  provide  for  civil  liberty 
in  Germany  and  Italy,  the  suspension  of  the  Polish 
constitution,  the  proscription  of  liberal  forms  of 
government,  and  the  relentless  and  cruel  persecution 
of  hundreds  of  individuals  whose  liberality  of  princi- 
ples had  been  feared,  but  who  were  not  even  charged 
with  any  crime,* — these  are  the  sum  of  what  has 
been  done  by  this  Holy  Alliance  for  the  peace  and 
welfare  of  mankind. 

But  without  discussing  the  merits  or  demerits  of 
this  alliance  of  sovereigns,  our  purpose  is  effected  by 
showing  how  totally  foreign  it  is  in  character  and 
design  from  an  international  tribunal  for  the  peaceful 
adjustment  of  strictly  international  difficulties.  It  is 
a league  of  sovereigns,  for  purposes  of  a very  broad, 
general  and  indefinite  extent ; its  objects  are  not 
exclusively  international ; and  it  claims  the  right  of 
making  war  at  its  own  option.  Military  power  and 
movements  are  a part  of  its  established  machinery. 


* Silvio  Pellico  and  Maroncelli  are  known  to  the  American  public 
as  two  of  the  countless  victims  of  despotism. 


86 


CONGRESS  OF  NATIONS. 


78 


and  the  peace  of  which  they  have  said  so  much,  is 
that  which  Tacitus  so  forcibly  described,  when  he 
said,  ‘‘tyrants  mistake  for  peace  the  stillness  of 
desolation.” 

From  alliances  of  this  kind,  whether  holy  or  unholy, 
we  trust  that  our  country  will  ever  recoil.  We  concur 
most  heartily  in  the  sentiments  of  Washington,  so 
forcibly  expressed  in  his  Farewell  Address  to  the 
American  people : “ The  great  rule  of  conduct  for 
us,”  said  he,  “in  regard  to  foreign  nations,  is,  in 
extending  our  commercial  relations,  to  have  with 
them  as  little  political  connection  as  possible.  Why, 
by  interweaving  our  destiny  with  that  of  any  part  of 
Europe,  entangle  our  peace  and  prosperity  in  the 
toils  of  European  ambition,  rivalship,  interest,  humor 
or  caprice  ? ” 

But,  it  seems  to  us,  that  such  a tribunal  as  we  have 
herein  described,  involves  in  its  formation  no  principle 
or  practice  which  the  illustrious  “ father  of  his 
country”  would  condemn.  Such  a Congress  would 
not  entangle  us  in  the  toils  of  foreign  ambition,  or 
caprice; — nor  interweave  our  destiny  with  that  of 
any  other  state.  It  would  lead  to  no  bloodshed,  no 
waste  of  treasure,  no  risk  of  our  national  indepen- 
dence. It  would  create  no  perilous  friendships  nor 
deadly  hostilities.  It  would  simply  furnish  one 
additional  means  of  preventing  the  effusion  of 
human  blood ; one  new  mode  of  adjusting  national 
quarrels  without  recourse  to  arms ; one  new  agent  in 
the  production  of  general  and  enduring  peace. 


79 


CONGRESS  OF  NATIONS. 


87 


With  a jurisdiction  limited  as  we  have  described, 
and  without  direct  executive  power,  such  a Congress, 
whether  it  be  a permanent  body,  or  an  assembly  chosen 
as  the  emergences  of  nations  demand,  threatens  no 
danger  to  the  institutions  or  interests  of  any  existing 
government;  presents  no  probability  of  becoming  “a 
conspiracy  of  the  governments  against  the  nations.” 
It  would  leave  governments  every  where  as  liable 
to  change,  or  as  certain  of  permanence,  as  they 
now  are; — thus  encouraging  neither  innovation  nor 
conservatism.  The  radical  reformer  and  the  rigid 
“legitimist”  might  alike  join  undisturbed  in  its 
deliberations.  Nothing  would  be  thereby  subjected 
to  a momentary  check,  or  a particle  of  change,  save 
only  the  fierce  impulse  and  bloody  career  of  national 
hostility. 

This  short  historical  sketch,  if  it  furnish  us  with 
no  arguments  in  defence  of  our  project,  is  enough  to 
satisfy  us,  that  the  experience  of  the  past  cannot  be 
brought  into  the  scale  of  opposition.  It  is  sufficient 
to  vindicate  the  novelty  of  the  proposed  arrangement, 
and  encourage  us  to  rely  more  confidently  on  those 
arguments  in  favor  of  such  a scheme,  which  are 
drawn  from  general  reason  and  the  abstract  principles 
of  convenience,  justice  and  humanity. 

And  now  let  us,  in  brief,  recapitulate  the  topics 
contained  in  this  Essay. 

We  have,  at  the  outset,  endeavored  to  show  the 
reasonableness  of  the  expectation  that  wars  shall 


88 


CONGRESS  OF  NATIONS. 


80 


eventually  cease  ; that  their  frequency  may,  at  no 
distant  period,  be  greatly  diminished,  and  that  the 
friends  of  peace  are  thus  furnished  with  a broad  and 
solid  basis  of  good  sense  and  sound  philosophy,  for 
their  philanthropic  efforts  and  expectations.  We 
have  devoted  considerable  space  to  this  preliminary 
topic,  because  if  our  views  in  regard  to  it  are  incorrect, 
it  is  but  labor  lost  to  reason  upon  a Congress  of 
states,  or  any  other  form  of  pacific  action  or  organiza- 
tion. We  have  shown  that  the  imagination  of  the 
poet  has  loved  to  dwell  in  the  bright  visions  of  a 
peaceful  age ; that  philosophers  have  delighted  to 
muse  upon  the  theme  of  a race  living  together  in 
harmony  ; and  that  the  eye  of  the  prophet,  penetrating 
the  veil  of  futurity,  has  discerned  the  advent  of  an 
era  when  men  shall  learn  war  no  more.  We  have 
endeavored  to  prove,  by  an  examination  of  his  higher 
sentiments  and  nobler  affections,  as  well  as  of  his 
understanding,  that  the  very  nature  of  man  revolts  at 
the  evils  of  war ; that  his  humanity  recoils  from  the 
contemplation  of  its  miseries  and  curses,  and  that  his 
intellect  denounces  the  scheme  of  warfare  as  one  of 
gross  prodigality, — as  an  absurd  mode  of  procuring 
security  and  quiet,  and  as  the  most  fruitful  source  of 
political  mischiefs.  We  have  also  illustrated  this 
point  by  arguments  drawn  from  the  peculiar  condition 
and  circumstances  of  the  present  age ; such  as  the 
elevation  of  the  mass  of  society,  by  various  means, 
but  particularly  by  modern  inventions  and  discoveries, 
at  once  to  increased  intelligence,  and  to  new  and 
extraordinary  impoi'tance  in  a political  view ; the  vast 


81 


CONGRESS  OF  NATIONS. 


89 


extent  and  strength  of  commercial  ties  and  relation- 
ships, and  the  increasing  dependence  of  any  given 
state  upon  all  other  nations,  arising  from  the  increased 
wants  of  man  and  his  demands  for  the  productions  of 
every  portion  of  the  world ; and  the  active  spirit  of 
voluntary  combination  and  associated  effort,  scientific 
and  benevolent,  which  has  already  wrought  out  such 
marvellous  results. 

These  arguments  might  have  been  extended  and 
increased ; and  no  task  could  be  more  delightful,  than 
to  set  forth  the  thousand  facts  and  proofs,  thronging 
all  around  us,  which  demonstrate  the  triumphs  of  the 
spirit  of  peace,  and  the  approach  of  that  period  when 
strife  and  contention  shall  become  strangers  to  the 
destiny  of  nations.  But  while  we  deemed  it  important 
not  to  neglect  this  chapter  of  our  subject,  we  felt 
constrained  to  remember,  that  it  was  still  only 
preliminary,  and  so  deny  ouselves  a too  unlimited 
indulgence. 

Proceeding  in  our  task,  we  have  endeavored  to 
exhibit  a simple  view  of  the  rules  of  conduct  and 
modes  of  intercourse  by  which  nations  are  now 
directed,  in  both  peace  and  war; — expecting,  by  an 
account  of  the  origin,  formation  and  present  imperfect 
state  of  international  law,  to  show  the  necessity  of 
revising  and  perfecting  that  code,  and  the  probability 
that  this  desirable  result  might  be  accomplished  by 
the  plan  proposed ; and  hoping,  by  a glance  at  the 
existing  modes  of  diplomatic  intercourse,  to  make 
manifest  the  superior  advantages  of  our  plan  for 

adjusting  nice  and  delicate  points  in  national  relations. 

1^ 


90 


CONGRESS  OF  NATIONS. 


82 


We  have  then  considered  in  what  manner  the  pro- 
jected tribunal  could  be  called  into  being ; whether  in 
the  ordinary  course  of  establishing  treaties,  or  by  a spe- 
cial exertion : how  it  should  be  composed ; — whether  of 
members  chosen  for  that  general  purpose  and  forming 
a permanent  body,  with  regular  sessions  and  adjourn- 
ments, or  of  special  commissioners  elected  for  special 
emergences: — what  subjects  shall  come  within  its 
cognizance; — whether  the  formation  of  a perfect  code 
of  international  law,  or  the  decision  of  particular 
points  of  dispute  and  questions  of  perplexity,  as  the 
same  actually  arise  to  embarrass  the  conduct  of 
governments,  or  both  these  classes  of  subjects:  — 
and,  finally,  what  shall  be  the  nature  and  extent  of 
its  powers,  and  the  sanctions  attached  to  its  decisions ; 
— whether  it  shall  have  executive  authority,  or  the 
mere  advisory  power;  whether  its  decisions  shall 
merely  be  binding  in  good  faith,  and  in  this  respect 
stand  on  the  same  footing  with  treaties,  or  shall  be 
enforced  by  the  peaceable  methods  herein  suggested. 
These  various  divisions  of  our  subject  presented,  as  we 
advanced,  a variety  of  incidental,  yet  not  unimportant, 
topics,  that  need  not  now  be  mentioned,  the  result 
of  the  whole  examination  being  a full  conviction  of 
the  practicability  and  safety  of  a project  similar  to 
that  considered  in  the  Essay. 

And,  finally,  we  have  endeavored,  by  reference 
to  history,  to  show  that  the  proposed  international 
tribunal  bears  no  resemblance,  in  constitution,  powers 
or  purposes,  to  any  of  the  Councils,  Leagues,  Unions, 
Alliances  or  Congresses  of  ancient  or  modern  times. 


83 


CONGRESS  OF  NATIONS. 


91 


and  is  not,  therefore,  liable  to  any  objections  which 
may  be  made  to  them,  but  can  be  fairly  advocated  or 
assailed  only  on  the  abstract  principles  of  expediency, 
justice  and  humanity. 


The  writer  is  painfully  conscious  that  he  has  not 
done  justice  to  his  subject ; but  is  consoled  by  the 
reflection,  that  a topic  so  new,  and  involving  consider- 
ations so  numerous  and  so  momentous,  might  task 
and  exhaust  the  ability  of  the  strongest  intellect. 
He  hopes  that  the  attention  of  abler  men  may  be 
drawn  in  this  direction,  and  their  talents  and  learning 
enlisted  in  this  cause ; and  if  his  Essay  shall  conduce 
to  that  result,  its  errand  will  have  been  accomplished, 
although  a long  series  of  years  may  elapse  before 
the  anticipations  of  the  ardent  friends  of  peace  shall 
be  realized,  by  the  adoption  of  their  scheme  for 
the  amicable  adjustment  of  national  disputes  and 
dissensions. 

Whenever,  in  the  course  of  human  events,  under 
the  direction  of  a merciful  and  benignant  Providence, 
a considerable  number  of  the  leading  commercial 
states  shall,  by  treaty  stipulations,  establish  a Com- 
mission for  the  compilation  of  a uniform  system  of 
international  law,  and  thus  remove,  as  between 
themselves,  one  fertile  source  of  discord ; and  still 
more,  whenever  such  nations  shall  covenant  one  with 
another,  that  in  no  case  will  any  two  of  them  have 


92 


CONGRESS  OF  NATIONS. 


84 


recourse  to  the  bloody  arbitrament  of  war,  but  will 
refer  the  decision  of  all  exciting  disputes  to  a Congress 
of  delegates  chosen  from  the  other  associated  powers, 
and  composing  either  a standing  and  permanent 
Board  of  Arbitration,  or  a special  and  temporary 
Commission, — whenever  that  period  shall  arrive,  the 
bright  visions  of  prophetic  philanthropy  shall  be  more 
fully  realized,  and  shine  forth  in  hving  beauty  before 
the  eyes  of  a delighted  world ; — then  shall  the  strong 
and  figurative  language  of  Isaiah  become  familiar  and 
true  as  household  words ; — and  then  shall  the  “golden 
era”  of  the  poets  return,  under  the  auspices,  not  of  a 
heathen  Saturn, — a fabulous  divinity, — but  of  that 
Saviour,  Christ  the  Lord,  whose  highest  title  is 
“Prince  of  peace,” — and  whose  advent  was 
announced  in  Judea,  as  the  coming  of  “peace  on 
earth  and  good-will  to  menV* 

“ Aggredere  o magnos,  aderit  jam  tempus,  honores  ; 

Cara  deum  soboles,  magnum  Jovis,  incrementum ! 

Adspice  convexo  nutantem  pondere  mundum, 

Terrasque,  tractusque  maris,  coelumque  profundnm, 

Adspice,  venture  tetentur  ut  omnia  saeclo.” 


ESSAY 

ON  A 

CONGRESS  OF  NATIONS, 


FOR  THE  ADJUSTMENT  OF  INTERNATIONAL  DISPUTES,  AND  FOR  THE 
PROMOTION  OP  UNIVERSAL  PEACE,  WITHOUT 
RESORT  TO  ARMS. 


By  HAMILTON 


^ ;• 


V 


ESSAY. 


The  profound  inquiry  is  of  vast  importance  to  men 
and  nations.  Their  patient  and  dispassionate  con- 
sideration could  not  w'ell  be  invited  to  one  more 
interesting  or  comprehensive.  To  convince  the 
judgment,  ensure  confidence,  divest  the  political 
world  of  various  prejudices  in  favor  of  war,  requires 
great  caution,  lest  any  intemperate  zeal  be  indulged, 
or  equally  injurious  fears  consulted,  on  a subject  of 
such  magnitude.  For  these  ends,  and  no  other  are 
had  in  view,  we  are  compelled  to  begin  the  investi- 
gation much  in  advance  of  its  main  object.  Nothing, 
however,  can  be  deemed  too  remote  from  that  object, 
which  inseparably  hangs  on  each  step  of  our  progress 
to  obstruct  or  discourage.  As  the  hindrances  and 
objections  to  the  foundation  of  the  proposed  institution 
spring  from  the  idea,  that  it  will  impair  sovereign 
rights,  or  may  be  all  traced  as  effects  of  tyrant 
custom,  emanating  from  the  vainer  idea  that  war 
cannot  be  dispensed  with,  it  manifestly  becomes 


96 


CONGRESS  OF  NATIONS. 


4 


important  to  glance  at  the  reasons  urged  in  behalf  of 
that  custom,  as  well  as  consider  the  nature  of  the 
evil  whose  prevention  in  any  manner,  as  it  is  feared, 
may  impair  national  sovereignty. 

It  is  fully  admitted,  in  the  very  terms  of  the  law  of 
nations,  “that  the  continuation  of  peace  is  the  greatest 
good,  to  which  a nation  can  aspire;”  that  originally, 
“mankind  combined  in  a political  union  for  self- 
preservation,  and  from  a natural  attachment  to  peace 
that  nature’s  first  law  is,  “not  to  injure  others  in  their 
rights,  if  we  desire  to  be  respected  in  the  same  social 
relations.”  On  these  principles  the  civil  law  claims 
to  be  based,*  and  on  them  the  gross  injustice  of 
war, — the  feasibility  of  this  Congress, — and  the 
unwarranted  exercise,  in  fact,  of  the  war-making  power 
on  the  part  of  any  government  holding  such  prmci- 
ples  to  be  obUgatory,  might  safely  be  rested  as 
propositions  altogether  conclusive  and  axiomatic.  How 
entirely  at  variance  with  such  principles  is  that  portion 
of  international  codes  which  sanctions  wars,  will 
abundantly  appear  in  the  sequel.  If  war  be  that 
“scourge,” — that  “hideous  hydra,” — that  “code  of 
human  destruction,”  which  history,  law  and  experience 
would  have  us  believe,  how  can  it  be  argued  or  even 
asserted  to  be  nevertheless  indispensable,  expedient 
or  unavoidable?  Every  where  justice  is  called 
immutable ; and  yet,  with  a knowledge  of  what  war 
is  in  our  minds,  it  is  diversified,  being  two  distinctly 
different  things  in  national  and  in  municipal  points  of 


* Aziini’s  Maritime  Law,  Vol.  II,  pp.  2,21 — 74.  Burlamaqui,  p.  12J. 


5 CONGRESS  OF  NATIONS.  97 

view.  What  belligerents  do,  ought,  therefore,  no 
more  to  be  considered  as  lawfully  done,  than  what 
individuals  do.  It  needs  no  argument  to  prove,  that 
homicide  retains  its  criminality,  when  tested  by  every 
thing  except  state  policy  (and  this  for  the  honor  of 
nations  and  the  good  of  mankind,  we  would  correct 
by  this  Congress),  whether  committed  by  an  army  or 
out  of  an  army,  whether  authorized  by  nations,  towns 
or  mobs.  By  no  process  of  reasoning,  if,  indeed, 
justice  be  immutable  and  every  where  the  same,  can 
this  be  thrust  aside  as  a mere  abstract  argument. 
Nay,  the  groundwork  of  the  civil,  no  less  than  moral, 
law,  will  be  found  to  sustain  this  position  m all  its 
force. 

It  is  freely  admitted  that  some  wars  have  occurred, 
which  might  be  justified  as  defensive,  considering  the 
peculiar  exigences  which  gave  rise  to  them.  They 
are,,  however,  extremely  rare  cases,  as  the  historical 
student  knows.  With  so  much  propriety,  too,  may 
they  be  considered  the  effects  of  wars  offensive, — 
and,  above  all,  they  so  exclusively  depend  for  their 
justification  on  the  supposed  incompetency  of  arbitra- 
tion or  negotiation  to  meet  their  case, — that  we  need 
not  stop  to  except  them  from  a common  denunciation. 
In  such  instances,  what  might  have  been  done  by 
pacific,  or  what  was  lost  by  hostile,  measures,  it  would 
be  presumptive  to  suggest.  Nor  need  other  discrim- 
ination be  made  between  territorial  and  naval  warfare, 
except  to  say,  that  the  latter  serves  to  widen  the 
devastation  of  violence,  and  to  show  stiU  more 
obviously  that  all  war  is  conventional,  insufferable 


13 


98 


CONGRESS  OF  NATIONS. 


6 


and  unnecessary.  In  general,  civil  wars,  perhaps, 
may  be  excluded  from  the  range  of  power  to  be 
entrusted  to  this  Congress,  dependent  as  they  are  on 
the  power  of  the  country  alone  rent  in  pieces  by 
them ; or,  if  not,  invoking  the  interposition  of  this 
Congress,  on  the  same  ground  with  international 
differences.  Therefore  they  require  no  distinct 
consideration ; and  it  cannot  be  doubted,  that  the 
establishment  of  the  Congress  will  tend  to  diminish 
their  number  and  shorten  their  duration,  for  they  are 
often  the  results  of,  and  have  ever  been  encouraged 
by,  international  wars. 

Neither  in  a moral  nor  a national  point  of  view,  can 
war  be  lawful,  except  as  being  indispensable  to  acquire 
or  defend  some  right  or  redress  some  wrong.*  It 
must  be  unlawful  to  seek  justice  in  the  mere  conflict 
of  physical  forces.  Justice  and  violence  are  not 
consequences  of  each  other,  and  as  clearly  have  no 
connection  authorizing  an  inference  that  national 
disputes  can  be  rightly  adjusted  by  force  of  arms. 
A common  international  tribunal  of  justice  and  equity 
is  the  new  system  proposed.  This  is  to  supply  the 
place  of  war  which  has  been  a system,  in  effect  and 
in  operation,  of  force, — of  chance, — adverse  to 
national  and  natural  rights,  and  to  none  more  than 
the  right  of  protection  of  life  and  property.  The 
choice  between  life  and  death,  happiness  and  misery, 
is  not  more  important  than  the  choice  between  these 
repugnant  systems.  Men  and  nations  are  not  at 


* Vattel,  book  2,  ch.  xviii,  §§  336 — 338;  book  3,  ch.  i,  § 1. 


7 


CONGRESS  OF  NATIONS. 


99 


liberty  to  assume,  first,  that  there  can  be  no  other 
way  of  dispensing  or  obtaining  justice  but  the  law  of 
force.  If  there  is  another  way,  more  certain  or  even 
less  objectionable ; if,  indeed,  war  is  inadequate  and 
unjust, — propositions  which  may  be  fully  estabhshed, 
— certainly  Christian  and  civilized  nations,  at  least, 
will  no  longer  doubt  the  possibility  of  abohshing  the 
monstrous  custom,  or  the  feasibility  of  the  proffered 
substitute.  That  the  custom  among  nations  of 
butchering  one  another  was  monstrous  and  futile,  one 
would  suppose  had,  after  so  much  experience,  become 
an  undeniable  fact.  But  international  law  implies  the 
reverse,  and  in  a surprising  degree,  popular  sentiment, 
tenacious  of  its  martial  prepossessions,  echo-like 
repeats  the  same  justifiable  necessity  and  the  same 
practicability  of  war ! Centuries  ago  the  world  knew 
ivhence  came  wars ; and  yet  divine  truth,  attested  by 
incalculable  human  experience,  has  effected  httle 
change  in  the  law  of  nations.  Nay,  in  discovering 
the  change,  it  can  scarcely  escape  observation  how 
much  more  monstrous  and  futile  the  custom  is  in 
practice,  than  it  appears  in  theonj.  But  it  is  the 
natural  tendency  of  the  mind,  unless  arrested  and 
directed  by  the  spirit  of  reform,  to  be  narrowed, 
controlled,  blinded,  prejudiced,  by  an  existing  state  of 
things,  A vast  deal  of  law,  as  well  as  opinion,  is 
currently  adopted  and  perpetuated,  without  the  spirit 
to  contest  or  revise  it.  The  Chmese  laws  recognize 
the  existence  of  witchcraft ; but  does  such  recognition 
prove  any  thing  in  its  favor?  Certainly  bad  pre- 
cedents afford  no  reason  to  follow  them, — no  safe, 


100 


CONGRESS  OF  NATIONS. 


8 


no  honorable  rule  for  national  guidance, — else  any 
outrage  is  legal,  and  every  abuse  of  power  binding 
on  government.  It  is  wiser  to  distrust  most  of 
all  those  very  expedients  and  customs,  which  are 
assumed  to  be  right  and  useful  because  immemorial. 
It  would  be  sounder  reasoning  to  show  the  necessity 
and  usefulness  of  war,  and  then  vindicate  the  past 
policy  of  nations.  If  wars  have  existed  so  long, 
surely  these  prerequisites,  as  a ground  for  its  con- 
tinuance, ought  to  be  readily  established.  If  none 
can  prove  evil  good,  on  what  ground  will  it  be 
advocated,  except  its  being  the  immemorial  mode  of 
national  controversy?  But  this  completely  admits 
(hat  it  is  only  the  manner  of  conducting,  and  not  the 
means  of  settling,  national  disputes. 

It  has  often  been  said,  in  derision  of  theories  the 
most  practicable,  “you  cannot  change  human  nature,” 
and,  therefore,  it  might  be  argued,  wars  will  continue. 
Here,  again,  the  reasoning  rests  on  the  custom. 
Now  of  many  answers  to  this  vague  objection,  the 
simplest  and  most  conclusive  is,  that  the  object  is  to 
revise  and  improve,  by  means  of  this  Congress,  the 
administration  of  international  justice,  and  not  in  the 
least  to  reconstitute  man.  He  will,  essentially,  remain 
the  same  being  under  any  system  of  national  action. 
No  such  idle  theme  is  advanced  presupposing  the 
contrary.  But  it  is  as  idle  to  pretend  that  the  institution 
of  a court  to  adjust  disputes  is  an  attempt  to  change 
human  nature.  The  supposition  is  all  shadow.  Com- 
mon observation  tells  us  that  good  institutions  hold 
bad  passions  in  powerful  restraint,  while  evil  customs 


9 


CONGRESS  OF  NATIONS. 


101 


are  their  very  nurseries.  Laws  erect  tribunals  to 
try  indictments  for  personal  assaults ; and  are  the 
laws,  tribunals,  indictments,  disfavored  as  chimerical 
attempts  to  change  human  nature?  All  see  their 
practicabihty,  poUcy  and  tendency.  None  question 
their  success  or  quibble  about  their  necessity.  But 
go  back  to  a state  of  nature, — let  men  fight  for  rights 
as  nations  are  authorized  to  do,  under  the  sanction  of 
custom, — let  not  the  soldier  alone,  but  the  citizen  be 
a privileged  homicide, — what  would  justice  be,  but 
a name  ? Is  not  the  objection,  then,  shallow  ? Nay 
more ; daily  observation  discerns  a change  in  human 
nature,  and  aU  the  change  that  is  desired,  or  possible, 
in  the  sense  of  improving,  directing,  restraining  it. 
Two  successive  ages  scarcely  present  similar  images 
of  pohtical  society.  Nothing  can  vary  more  than  the 
conduct  of  nations.  But  is  not  a court  of  arbitration 
better  calculated  than  war  to  meet  these  variations  ? 
It  might  with  more  plausibility  be  insisted  that 
naturally  man  was  too  changeable  to  endure  long  the 
thraldom  of  law  unresisted.  But  so  numberless  and 
diverse  are  his  springs  of  action,  we  are  only  sure  of 
his  following  his  interests,  and  might  fairly  abandon 
this  subject,  were  not  all  his  dearest  interests  manifestly 
hazarded  and  ruined  by  war.  The  feasibility  of  the 
proposed  Congress,  then,  appealing  to  the  social 
relations  and  the  individual  prosperity  of  man,  is  not 
a matter  of  fear  in  view  of  this  objection. 

From  considermg  what  war  has  been  and  will 
continue  to  be  to  men  and  nations,  two  important 
inferences  must  follow : that,  as  a code,  it  is  inconsis- 


102 


CONGRESS  OF  NATIONS. 


10 


tent  with  justice,  visionary  in  theory,  indefensible  in 
practice ; and,  as  a custom,  it  deserves  the  abhorrence 
instead  of  the  support  of  all  enlightened  men  and 
rulers.  On  these  points,  consult  neither  fancy  nor 
skepticism,  but  appeahng  to  universal  history,  suffer 
national  and  human  experience  and  testimony,  matter 
of  fact,  impartial,  indisputable,  to  decide.  When 
monarchs  so  often  confess,  from  their  high  places 
of  responsibility,  that  human  happiness  intimately 
depends  on  peace,  we  clearly  see  how  true  is  the 
converse  of  this  elevated  principle,  and,  in  terms, 
are  instructed  to  connect  misery,  confusion  and 
danger,  with  war,  external  and  internal.  These 
declarations,  of  such  high  authority,  are  ample  and 
direct  admissions  of  the  above  inferences ; and,  above 
all,  unequivocally  tend  to  show,  at  least,  how  requisite 
some  institution  like  that  proposed  is  to  maintain  the 
principle  inculcated.  In  these  United  States,  our 
unexampled  prosperity  is  justly  ascribed  to  a pacific 
and  neutral  policy.  “ It  has  ever  seemed  extremely 
strange  to  me,”  says  an  eminent  living  statesman,* 
“that  the  objects  of  government  are  limited  so  much 
to  belligerent  operations,  that  its  duties  seem  so 
exclusively  referable  to  wars  with  other  nations,  when 
within  its  constitutional  power  are  objects  far  more 
worthy  of  zeal  and  assiduity  than  such  as  look  to  war, 
victory  or  triumph.”  The  President’s  “Message” 
annually  congratulates  the  people  on  their  friendly 
foreign  relations,  and  the  “speeches  of  kings”  repeat 


Daniel  Webster’s  Speech  at  Pittsburgh,  July  8,  1833. 


11 


CONGRESS  OF  NATIONS. 


103 


the  congratulations.  What  are  the  object  and 
character  of  a diplomatic  ministry,  if  not  pacific? 
Let  the  national  cabinets,  respectively,  say  then, 
whether  all  this  is  mere  sound-— mere  compliment — 
mere  form  and  deception.  It  cannot  be  so  intended. 
It  is  not  so  received.  Monarchs  of  this  age  will  not 
proclaim  to  Christendom,  that  a belligerent  people  are 
happy  and  prosperous ; that  their  rights  are  better 
secured  than  those  of  pacific  and  neutral  countries. 
Doctrines  like  these  would  not  obtain  the  credence 
and  homage  of  enlightened  man.  They  are  the 
deductions  of  tyranny,  barbarism  or  an  insane 
ambition,  and  would  be  reprobated  by  every  honest 
man.  The  careful  observer  of  events,  at  home  and 
abroad,  finds  the  pacific  policy  of  nations  overruling 
that  which  is  belligerent,  operating  on,  and  mingled 
with,  the  leading  measures  of  government,  as  some- 
thing emmently  practical,  useful  and  liberal.  Still  war 
remains  customary  and  lawful;  and,  therefore,  it  is 
necessary  to  consider  the  magnitude  of  the  evil  to 
be  removed  by  the  establishment  of  this  national 
Congress,  as  being  one  of  its  strongest  recommenda- 
tions to  the  judgment  and  confidence  of  men  and 
nations. 

From  the  destruction  of  animals  to  that  of  man 
was  a most  fearful  transition,  even  for  a ferocious, 
wandering  tribe.  Probably,  however,  the  hunting 
ground  thus  became  the  earliest  conquest.  The 
discovery  of  the  effects  of  superior  force  multiplied 
wars.  Their  action  presents  the  spectacle  of  human 
massacres — desolated  fields — burning  cities — cor- 


104  CONGRESS  OF  NATIONS.  12 

rupted  manners  — reason,  law,  the  constitution, 
silenced  by  unbridled  license ! Their  rights  origi- 
nated in  cupidity,  cruelty,  fanaticism,  intrigue  and 
pride,  “more  than  the  interests  of  nations;  having 
covered  the  earth  with  blood,  and  being  deemed 
indispensable  by  the  worst  passions  of  deluded  rulers.” 
Behold  “terror  precedes,  death  and  slavery  follow — 
he  whom  chance  has  made  victorious,  receives  laurels 
wet  with  human  tears.  So  extensive  seems  the  evil, 
that  whenever  its  flames  are  lighted  up,  the  whole 
globe  feels  its  disastrous  effect,  and,  as  if  the  earth 
were  not  wide  enough  for  the  work  of  destruction,  the 
sea  has  been  joined  to  it  and  made  one  vast  tomb !” 

In  the  above  comprehensive  description, — and 
exaggeration  in  this  matter  is  hardly  possible, — the 
sentiments  of  a distinguished  jurist*  have  substantially 
been  quoted,  whose  text-book,  like  all  before  it, 
assumes  the  evil  to  be  unavoidable,  and  capable  of 
regulation  on  the  sacred  principles  of  justice.  Now, 
does  this  description  warrant,  in  the  slightest  degree, 
the  belief  that  a resort  to  arms  is  an  effectual  or  just 
expedient  in  setthng  national  disputes ; one  that  can 
be  relied  upon,  by  any  means,  to  secure  a right  or 
promote  justice  ? Does  it  not  strike  every  mind  as 
trifling  with  the  sacred  principles  of  justice,  as  a gross, 
palpable  perversion  of  ideas  and  of  first  principles, 
to  regulate  the  extent  to  which,  or  manner  in  which, 
the  evil  may  violate  these  principles  so  sacred  and 
unbending  in  the  political  code  1 What  more  in 


* Azuni,  Vol.  II,  pp.  6,  7,  9,  10,  14. 


13  CONGRESS  OF  NATIONS.  105 

accordance  with  them,  it  is  earnestly  asked,  could 
governments  do,  than  to  abolish  the  odious  custom, 
and  create  in  its  stead  this  court  of  nations  1 After 
all  the  efforts  of  publicists  to  soften  the  rigors  of  war, 
if  it  remain  still  a system  of  mingled  violence  and 
injustice, — a reproach  beyond  the  freebooter’s  retreat 
or  council-fire  of  savages,  — why  must  it  longer  be 
tolerated  by  national  law  or  usage  ? Say  not,  as  an 
occasion  of  rich  adventure  to  those  who  would 
speculate  on  human  suffering ; nor  prefer  that  more 
disgusting  doctrine,  that  fire  and  sword  are  indispen- 
sable exterminators  of  a surplus  or  factious  population. 
If  sitc/i  reasons  demand  its  continuance,  or  make  out 
its  necessity,  civilization  cannot  yet  have  dawned  on 
earth,  and  this  Congress  with  its  objects  is  indeed 
a vain  proposition.  It  would  be  a waste  of  time 
seriously  to  consider  them,  and  it  is  enough  to  say, 
that  it  needs  no  argument  to  prove  warfare  any  thing 
but  the  way  to  get  rich,  and  that  when  a country 
is  excessively  populous  or  factious,  the  process  of 
extermination  will  be  the  last  to  succeed.  This  event 
can  caU  for  such  process  only  in  domestic  wars.  It  is, 
besides,  an  event  hitherto  unknown — an  event  to  cor- 
rect which  no  war  was  ever  pretended  to  have  been 
waged.  Nay,  we  need  simply  ask,  whether  war  is 
not  the  fruitful  source  of  faction,  springing  from  feudal 
systems — ministerial  caprice — political  maladminis- 
tration— and  not  from  the  imperious  necessity,  which 
never  existed,  and  may  never  exist,  of  depopulating 
a country?  It  is,  indeed,  attributable  to  any  thing 
but  the  moral  sense  within,  or  the  divine  will  without 


14 


106 


CONGRESS  OF  NATIONS. 


14 


US,  if  we  are  to  look  to  its  origin  and  effects,  or 
regard  at  all  its  nature. 

The  character  of  Christian  nations  is  deeply 
involved  in  this  subject,  since  war  is  contrary  both  to 
the  letter  and  spirit  of  Christianity.  It  must  be 
abolished,  and  this  Congress  will  be  the  substitute,  if, 
under  the  sense  of  the  influential  and  responsible 
position  they  occupy  among  governments,  those 
nations  desire  the  reputation  of  consistency — of 
being  just — of  promoting  instead  of  opposing  the 
cause  of  the  Prince  of  peace.  Their  duty  and 
obligation  in  this  respect  cannot  be  superseded  by 
any  reason  of  state — by  any  political  sophistry — by 
other  than  a paramount  obligation.  The  question 
must  be  fully  and  distinctly  met,  whether,  under  the 
guise  of  justice,  this  “greatest  scourge  of  nations” 
shall  be  perpetuated  and  hallowed  by  law  and  usage  ? 
If  they  find  it  opposes,  and  is  denounced  by  the 
gospel  of  peace — if  it  has  proved  itself  an  enemy  to 
benevolent  exertions  and  good  institutions — if  human 
virtue  and  learning  are  its  sacrifices  — surely  they 
will  not  hesitate  to  empower  this  Congress  to  adjust 
national  differences,  and  thereby  repeal  the  law  of 
national  enmity. 

The  passages  from  sacred  Scripture  referred  to 
below,*  may  amply  serve  Christian  governments  as  a 


* Matt.  5 : 9,  21 , 22,  44.  12:  2.5.  22 : 39.  19:18.  26 : .52.  6 : 33. 
Mark  9:  50.  10:19.  12:31.  1 Cor.  7:1.5.  2 Cor.  13:11.  Acts 

1 0 : 36.  15 : 20,  29.  Gal.  5 : 14,  20—22.  1 Thess.  5 : 13.  1 Tim.  2 : 
2.  John  13:  34.  14:27.  15:12,17.  16:33.  20:21.  Luke  2: 
14.  3:  14.  1:  79.  6:  27,  31,  3.5.  9:  56.  10:27,  28.  11:  4,17. 


15 


CONGRESS  OF  NATIONS. 


107 


lamp  to  their  path  and  a guide  to  their  future  policy. 
The  unerring  word  of  Him  who  is  the  King  of  kings 
puts  at  rest  the  pretended  necessity  of  war.  Let  it 
bear  conviction  over  the  earth  with  its  message  of 
peace.  What  would  be  thought,  if,  by  plain  implica- 
tion, the  law  of  nations  authorized  the  people  to  steal, 
as  it  does  the  army  and  nary  to  kill  ? Without  doubt, 
it  would  become  equally  glorious  to  the  crown  and 
the  subject.  Are  not  both  acts  violations,  under  all 
circumstances,  of  an  unqualified  divine  command? 
Is  not  war  the  very  theatre  of  pillage  as  well  as 
carnage  ? What,  too,  are  the  character  and  effect  of 
the  act,  when  Christian  conquerors,  so  to  speak, 
invoke  at  the  head  of  armies,  on  the  eve  of  a sangui- 
nary conflict,  on  the  harvest  field  of  plunder,  the 
blessing,  the  favor,  the  smile  of  a God  of  peace? 
Judge  ye,  if  the  act  be  impious  or  lawful,  necessary 
and  expedient.  To  nations,  whose  glorious  appella- 
tions are  Christian  and  enlightened,  these  injuries  are 
full  of  fearful  import.  The  wars  of  nations  are 
unnumbered.* *  If,  by  their  heart-sickening  details,  — 
their  useless,  wanton  devastations, — their  failure  to 
protect  national  and  human  rights,  the  abolition  of 
the  custom  is  called  for,  what  shall  be  said  when 


18:20.  Rom.  2:  8,  10.  3:17.  10:15.  12:17—21.  13:9.  14: 
17,  19.  16 : 17.  Ps.  34 : 14.  Isa.  9:6.  60 : 17.  Zech.  8 : 19.  Heb. 
12 : 14. 

* There  were  twenty-four  wars  between  France  and  England  alone, 
from  A.  D.  1110  to  1803, — 260  of  those  700  years  were  spent  by  these 
nations  in  butchering  one  another.  From  1161  to  1471  (310  years), 
186  were  war-tune.  From  1368,  they  were  at  war  101  in  103  years ! 
— Evangelical  Magazine,  printed  in  London. 


108 


CONGRESS  OF  NATIONS. 


16 


experience  adds  its  clear  testimony  to  proclaim  war  a 
grievous,  hazardous,  inconsistent  system ; and,  above 
aU,  when  its  mildest  maxim  is  condemned  by  the 
Divine  Lawgiver  1 While  the  Christian  sovereign  looks 
from  his  throne  of  responsibility  over  a belligerent 
world,  does  he  seek  to  encourage  that  reckless 
custom,  will  he  preserve  that  impious  law,  which  can 
suddenly,  needlessly,  arm  man  against  his  fellow  ? 
No,  he  will  survey  the  homes  of  a social  race 
scattered  on  its  broad  and  sunny  surface.  He  will, 
indeed,  feel  that  every  hearth,  brightening  with 
happiness,  plenty,  enterprise,  virtue,  is  an  irresistible 
argument  for  the  proposed  Congress  of  Nations. 
He  wall  show  the  pleasant  prospect  to  his  wise  and 
patriotic  counsellors,  his  flourishing  but  imploring 
subjects.  The  unjust  expedient  of  war  will  no 
longer  seem  requisite  to  obtain  justice.  Its  sacrifices 
will  appear  too  preeious,  its  folly  and  rashness  too 
extreme.  Contrary  to  reason  — the  law  of  nature  and 
justice  — the  moral  and  divine  laws — and  the  great 
interests  of  men  and  nations,  it  will  cease,  and  its  vain 
glory  all  soon  perish  with  it.  Thus  will  nations 
•practicalhj  acknowledge  God’s  supremacy,  whose  word 
should  be  the  foundation  of  all  laws,  overruling  all 
laws,  and  whose  sanctions  outweigh  all  other  sanctions. 
The  doctrine,  that  man  may  enjoy  his  highest  pros- 
perity regardless  of  God,  is  contradicted  by  all 
analogy ; and  that  all  his  powers  should  be  pro- 
ductively employed  is  essential  to  his  full  prosperity. 
If  the  action  of  governments  on  each  other  should 
have  any  reference  to  such  considerations,  the  pro- 


17 


CONGRESS  OF  NATIONS. 


109 


posed  Congress  is  certainly  calculated  to  promote  so 
desirable  a result. 

Observation  will  readily  discover  how  little,  in 
regard  to  war,  that  responsibility  of  action  is  acknowl- 
edged by  collected  society,  which  individuals  sepa- 
rately feel  and  fear.  Acting  according  to  the  sphere 
occupied  for  the  time,  on  opposite,  irreconcilable 
principles,  they  who  are  peace-makers  at  home  and 
arbitrators  among  their  townsmen,  become,  by  a sort 
of  enchantment,  warriors  beyond  those  limits.  But 
the  political  grows  out  of,  and  depends  upon,  the 
social  state,  of  which  grand,  universally  admitted 
principle  this  Congress  will  clearly  be  the  best 
practical  illustration.  The  law  of  nations  makes  that 
right  and  expedient,  which  both  reason  and  conscience 
condemn,  itself  originating  from  repeated  violations  of 
what  is  right  and  just,  itself  claiming  to  be  founded 
on  those  immutable  and  unlimited  truths  obtaining 
between  man  and  man.  Again,  this  official  or  human 
inconsistency,  call  it  which  you  may,  on  so  momentous 
a subject,  is  not  excused  by  the  immense  number 
of  wars.  Their-  number  is  far  fi-om  indicating  their 
necessity,  for  their  causes  prove  the  reverse ; and  it  is 
by  their  causes  alone,  as  history  ascertains  them,  that 
we  are  enabled  to  judge.  They  multiply  themselves. 
Therefore  their  number  indicates  a failure  to  effect 
their  single  legitimate  object,  justice.  Still  again, 
perhaps  it  is  admitted  to  be  a desideratum  to  prevent 
in  some  way  the  evils  of  war,  and  this  done,  war  will 
become  just.  Now  this  Congress  is  a way  and  the 
only  way  to  prevent  war ; and  most  manifestly  thei-e 


110 


CONGRESS  OF  NATIONS. 


18 


can  be  no  such  anomaly,  even  in  political  economy,  as 
war  ivithout  evils — without  injustice  — so  long  as 
right  and  wrong  are  not  identical ; and  this  is  a 
complete  answer.  Wherefore,  when  waged  for  the 
best  cause,  does  it  create  in  each  belligerent  nation  a 
strong,  persevering  moral  and  political  opposition — a 
peace-party  sooner  or  later  predominant?  Blind  and 
lawless  despotism  alone  could  have  discovered  a 
distinction  between  national  and  human  rights  wide 
enough  to  justify  injustice,  sound  enough  to  substan- 
tiate the  expediency  or  necessity  of  war.  The  whole 
superstructure  of  the  civil  law,  territorial  and  maritime, 
would  have  fallen  in  ruins,  if  it  had  been  raised  on 
such  a distinction.  No.  The  political  state  grows 
out  of  the  social ; governmental  rights  are  human 
rights.  So  the  law,  so  reason,  so  the  fact,  unitedly 
hold.  But  how  can  the  administration  of  justice  depend 
on  an  amount  of  carnage ; or  how  can  the  chances  of 
battles,  where  victory  or  defeat  is  the  precarious  issue, 
secure  the  rights  of  governments?  Are  nations  to 
expect  rightful,  satisfactory  decisions  of  their  differ- 
ences, when  the  rational  faculties  of  man  are  excluded 
from  any  part  or  lot  in  the  matter?  Law  is  said  to 
be  founded  in  reason,  then  let  reason  be  the  umpire ; 
and  testing  the  reason  of  the  law  of  war,  let  this 
Congress  settle  amicably  all  international  disputes. 
The  sanguinary  conflict — the  protracted  siege — the 
awful  conflagration — have  held  their  commissions 
under  the  “ Great  Seals,”  only  to  demonstrate  their 
utter  unfitness  and  incapacity  to  judge  of  rights  and 
claims.  It  would  seem  centuries  have  been  misspent 


19 


CONGRESS  OF  NATIONS. 


Ill 


in  consecrating  the  absurd  proposition,  that  might 
gives  right.  It  would  seem  the  time  had  at  length 
arrived,  when  force  of  arms  would  be  discontinued,  and 
political  Avisdom,  integrity  and  justice  be  constituted 
by  nations  their  safest  and  best  political  agents. 
But,  strange  as  it  may  appear,  so  familiar  are  men 
with  the  custom  of  war,  they  may  still  think  there  is 
much  to  recommend  its  continuance,  and,  therefore, 
it  will  be  necessary  to  strip  off  these  decorations 
which  theh  perverted  sympathies  have  thrown 
around  it. 

Although  it  be  true,  that,  if  the  action  of  Avar  cause 
us  to  shudder,  its  spirit  cannot  accord  with  the  spirit 
of  justice,  and  although  it  will  not  be  sustained  on 
the  ground  of  precedent  and  prescription,  still  an 
apology  may  be  sought  for  it  in  the  present  state  of 
the  world.  The  refinements  of  life  seem  enlisted  on 
its  side.  The  muses  are  lavish  of  their  laurels  to  the 
“ brave,”  breathing  sweet  requiems  over  the  “soldier’s 
grave.”  The  canvass  is  intently  studied  by  the 
secluded  villager,  till  in  his  enthusiasm  he  envies  the 
“nodding  plume,”  longing,  at  the  inspiriting  sound  of 
the  bugle,  “to  follow  to  the  field  some  warlike  chief.” 
Romance  elevates  martial  life — sculpture  points  to 
martial  statues  as  its  chef-d’(Eiwres,  and  architecture 
boasts  of  structures  commemorative  of  hostilities, 
forgetting  how  much  at  variance  are  the  monuments 
of  war  with  the  temples  of  peace,  Avhich  it  can  place 
side  by  side.  A love  of  glory,  like  a contagious 
disease,  infects  to  an  incredible  degree  the  human 
mind,  through  the  various  channels  of  literature  and 


112  CONGRESS  OF  NATIONS.  20 

science,  possessing  the  young  recruit  till  he  sinks  into 
a premature  but  peaceful  tomb.  But  if  war  occasions 
heroism,  so  does  a fever ; and  equal  praise,  for  con- 
sistency’s sake,  should  be  given  to  the  inquisition  and 
to  torture.  The  scholar  confounds,  indiscriminately, 
military  and  moral  courage,  and  the  latter  appears  to 
have  dwindled  to  a secondary  virtue.  It  is  little  to 
be  wondered  at,  then,  that  government  should  cherish 
the  idea  of  a just  administration  founded  on  force  of 
arms.  But  the  true  patriot  — the  political  benefactor 
— the  statesman  and  sovereign  worthy  of  Christian 
or  enlightened  nations,  are  only  they  whose  love  of 
country  is  tempered  with  that  principle  of  common 
justice,  — the  right  of  the  human  race, — which 
connects  other  governments  with  their  own  in  the 
alliance  of  peace  and  friendship ; an  alliance  the 
most  advantageous  and  honorable.  It  is  on  such  a 
broad,  beneficent  principle,  as  its  very  basis,  that  this 
Congress  will  rest,  and  through  such  an  alliance,  that 
it  must  operate. 

Again ; war  is  called  “ an  admirable  art.”  It 
certainly  has  gained  an  ascendency  over  the  pro- 
ductive arts.  Admit  that  some  good  has  resulted  even 
from  this  evil  of  evils.  Admit,  in  the  words  of  the 
American  Secretary  of  War,*  that  ‘‘the  science  of  war 
is  an  advancing  one,  to  the  study  of  which  a large 
portion  of  European  talent  is  devoted.”  Still,  as 
rational  men,  we  must  so  much  the  more  regret  its 
prevalence  and  inauspicious  growth.  So  liable  is  it 


* Lewis  Cass’s  Report,  Jan.,  1832. 


21 


CONGRESS  OF  NATIONS. 


113 


to  incapacitate  rulers  to  administer  government  with 
integrity  and  justice,  that  every  where  the  people  are 
cautioned  to  weigh  well  any  “reputation  earned  at  the 
cannon’s  mouth.”  As  a science,  war  is  unlike  every 
other  science ; in  its  influences,  positively  injurious ; 
in  its  effects,  absolutely  destructive.  As  a science,  it 
is  not  to  be  upheld  as  a means  of  adjusting  national 
disputes.  If  it  has  improved  the  manufacture  of 
articles  useful  in  time  of  peace,  or  led  to  any  scientific 
discoveries,  its  inseparable  devastation  and  flagrant 
mischief  as  an  avenger  of  wrongs,  its  manifest 
inefficiency  as  a guardian  of  rights,  are  not  thereby 
to  be  argued  out  of  consideration.  Each  crime  in 
the  calendar  has  in  some  way  or  degree  improved  the 
political  constitution  and  social  condition  of  mankind. 
Who,  therefore,  advocates  the  commission  of  crime  ? 
The  improvements  and  discoveries  resulting  from  war 
were  not  the  inducements  to  wage  it  in  any  instance, 
but  purely  and  simply  accidental.  It  has  prevented 
improvements  and  discoveries ; how  are  they  then 
incidental  to  it!  They  are  purchased  by  human 
blood;  therefore  human  invention  will  freely  relin- 
quish the  chance  wars  might  furnish  to  benefit  the 
world.  Compare  the  discipline  of  soldiers — their 
courage — skill  in  tactics — display — sense  of  honor, 
with  pacific  enterprise — free  and  secure  commerce — 
the  intelligence,  arrangement,  moral  progress  of  society. 
Compare  the  purposes  of  strife  with  the  principles  of 
justice — the  bravest  man  with  the  justest — the 
din  of  arms  with  the  hum  of  industry — and  be 
convinced  that  the  proposed  Congress  is  eminently 

15 


114 


CONGRESS  OF  NATIONS. 


22 


practicable  as  a measure  of  national  aggrandizement 
and  sound  policy.  The  plague,  sooner  to  be  expected 
from  war,  if  we  credit  history,  than  improvements  and 
discoveries,  might  equally  well  be  commended  for  its 
service  to  the  medical  art,  as  war  for  its  scientific 
developments.  Names  will  not,  then,  succeed  in 
hiding  its  odious  and  destructive  character.  When 
it  is  said  that  now  army  opposes  army,  we  still 
understand  that  man  opposes  his  fellow.  The  art  of 
war  is  admirable,  indeed,  for  nothing  but  injustice ; 
the  science,  too,  is  in  prospect  advancing  but  to  its 
perpetual  extinction.  Man,  it  is  expected,  will  be 
enterprising,  whether  the  subject  employing  his 
capacities  be  evil  or  good ; and  a great  point  is 
certainly  gained,  if  governments  are  made  aware 
how  much  depends  in  this  respect  on  their  pacific 
relations. 

In  the  event  of  the  establishment  of  the  proposed 
Congress,  nations  will  suffer  no  loss  by  the  discon- 
tinuance of  war,  in  respect  to  the  rights  of  imr.  This 
may  be  inferred  from  what  has  been  said  of  the 
nature  of  the  evil.  The  base  origin  of  those  rights 
has  been  already  stated.  They  are  in  no  small 
degree  imaginary,  and  may  be  all  comprehended  in 
the  right  of  the  strongest  or  boldest ; a principle  of  all 
others  the  most  untenable,  odious  and  pernicious. 
They  contravene  the  law  of  nature,  because  that 
admits  but  the  single  broad  right  of  self-protection,  to 
which  war  is  always  and  peculiarly  opposed ; and 
because  that  law  clearly  intended  mankind,  and  of 
course  nations,  should  be  mutual  friends,  for  their 


23  CONGRESS  OF  NATIONS,  115 

mutual  advantage,  since  no  country  produces  every 
thmg  necessary  for  its  inhabitants.  Hence  it  is  seen 
why  the  rights  of  war  “form  that  Gordian  knot, 
which  pubhcists  are  unable  or  unwilling  to  untie,”  and 
why  some  are  compelled  “to  justify  certain  acts  of 
violence.”*  All  other  rights  but  those  of  protection 
in  person  and  property,  and  even  these  in  a great 
degree,  are  relative ; and  most  manifestly,  if  any  thing 
would  seem  calculated  to  ensure  such  protection,  it  is 
the  proposed  national  Congress.  Certainly  the  right 
of  the  strongest  has  nothing  in  it  of  justice  to 
recommend  it. 

Among  war-rights,  let  us  select  that  of  privateering, 
which  stands  very  prominent  in  the  books  of  authority. 
What  it  imphes,  is  so  fuUy  described  by  another,  that 
his  language  needs  only  to  be  transcribed  to  illustrate 
the  above  positions.  It  will,  however,  be  well  to 
remember,  that  this,  as  well  as  other  rights  of  war,  is 
in  extent  questio  vexata  at  this  very  moment.  After 
mtimating  that  the  same  hberty  and  protection  should 
be  given  to  navigation  and  commerce,  which  the 
consent  of  all  Europe  gives  to  the  intercourse  and 
property  of  individuals  on  land,  the  French  mininister, 
Chausabin,  adds,  “ how  honorable  to  France  the 
proposition  to  suppress  that  pernicious  custom,  which, 
on  occasion  of  the  quarrels  of  states  and  princes, 
interrupts  in  every  sea  the  most  necessary  intercourse, 
defeats  those  speculations  on  which  the  existence  of 
people,  strangers  to  those  contests,  often  depends. 


* Azuni,  Vol.  II,  p.  23. 


116 


CONGRESS  OF  NATIONS. 


24 


which  suspends  the  progress  of  human  discoveries, 
arms  individuals  against  each  other,  delivers  the  proper- 
ty of  the  peaceful  merchant  to  pillage,  and  devotes  to 
death  the  navigator  who  attempts  to  defend  it.”*  It  may 
be  simply  asked,  by  way  of  comment  on  this  passage, 
if  this  Congress  of  Nations  is  not  precisely  what  is 
wanted  to  suppress  this  pernicious  right  of  war? 
There  is  no  other  right  of  war,  the  exercise  of  which 
can  tend  more  to  create  international  wars  and 
disputes,  which  tendency  there  can  be  no  doubt  more 
or  less  characterizes  every  other. 

Again ; the  rights  of  war  will  cease,  when  this 
Congress  shall  preclude  the  exercise  of  the  national 
right  to  wage  war.  But  if  it  be  said  that,  with  the 
extinction  of  their  war-making  power,  nations  will 
lose  one  source  of  wealth,  supposing  a right  to  be 
in  some  sort  itself  wealth,  it  is  confidently  replied, 
that  no  government  declares  war  to  enrich  the  public 
treasury.  So  far  from  it,  the  invariably  expected 
consequence  of,  and  therefore  one  of  the  strongest 
arguments  against,  war,  is  an  embarrassed  and  empty 
treasury.  The  late  conquest  of  Algiers  by  the 
French  will  not  be  justified  on  any  mere  computation 
of  spoil.  It  had  an  incomparably  higher  object. 
After  so  much  experience  on  this  point,  it  may  be 
asked,  if  nations  propose  to  continue  war  in  order  to 
extend  their  territory  or  sovereignty,  which  still  more 
properly  may  be  considered  sources  of  national 
wealth?  Is  it  really  practicable  to  risk  and  impov- 


* Azuiii,  Vol.  1 p.  159,  note ; and  Vol.  11,  p.  3G0. 


25 


CONGRESS  OF  NATIONS. 


117 


erish  a present  possession,  in  the  hope  of  magnifying 
it  1 On  such  a calculation,  by  such  a vain  hope,  are 
not  territory  and  sovereignty  to  be,  because  they  have 
ever  been,  lost  or  impaired?  to  be  at  the  mercy, 
indeed,  of  political  chances  and  capricious  fortune  1 
The  fair  conclusion  to  be  drawn  from  the  continual 
exercise  of  the  war-making  power,  seems  reduced  to 
this:  that  hereafter  might — not  mind, — force — not 
justice, — is  to  give,  establish,  secure,  and  usurp 
rights — weakness  to  be  denied  them  ; and  what  is 
still  worse,  the  decisions  consequent  from  such  a state 
of  things  are  to  be  deemed  and  taken  as  Just  decisions. 
Such  a conclusion,  such  propositions,  more  than  imply 
the  existence,  among  powerful  governments,  of  that 
desire  of  universal  monarchy  so  much  dreaded  here- 
tofore, and  so  generally  disclaimed  now  as  chimerical, 
and  among  weaker  states  of  that  factious  disorgan- 
izing spirit,  which  seeks  an  equality  of  national  rights, 
power  and  domain.  But  were  wars  to  be  repeated 
to  the  end  of  time,  there  is  no  other  reasonable 
prospect  or  expectation  that  can  be  entertained, 
except  that  wealth,  domain,  rights  and  power  would 
ever  be  as  unequally  distributed  as  now  among 
nations.  Remembering,  moreover,  that  victories  are 
events  of  chance  and  achievements  of  mere  physical 
force — that  by  “aid  of  armies  nations  trample  under 
foot  the  rights  of  man,  regardless  of  justice” — there 
could  scarcely  be  devised  a more  safe,  reasonable, 
honorable  way  to  magnify  national  power  and  wealth, 
to  add  new  glory  to  the  crowned  head,  than  is 
presented  by  the  institution  and  anticipated  from  the 
operation  of  the  proposed  Congress. 


118 


COJVGRESS  OF  NATIONS. 


26 


Much  will  be  said,  and  still  more  imagined,  by 
those  wedded  to  the  custom  of  war,  to  show  how 
improbable  the  event  of  the  establishment  of  such  a 
Congress.  We  may  be  reminded  of  the  influence  of 
standing  armies,  which,  though  opposed  to  free 
institutions,  will  continue  to  intoxicate  the  public  mind 
with  visions  of  glory.  We  shall  be  told  that  the  mihtary 
laws  of  civilized  and  Christian  nations  will  be  endured, 
though  deemed  oppressive  ; that  self-denial  must  not 
be  expected  of  governments,  if  it  cost  them  a time- 
honored  usage,  however  adverse  to  just  principles ; 
that  fame  will  lure  the  aspiring  youth  onward,  be  it 
through  human  slaughter;  that  nobility  traces  back 
its  proud  titles  to  success  in  arms,  and  will  not  suffer 
a single  family  escutcheon  to  be  irreverenced  for  the 
peace  or  security  of  aU  Christendom.  Such  is  the 
array  of  improbability  desperately  brought  against 
the  overthrow  of  a violent  and  unjust  system,  and 
similar  have  been  the  obstacles  in  the  way  of  every 
species  of  reform.  But  what  does  it  all  amount  to? 
Is  it  not  to  be  expected  the  deluded  advocates  of 
war  will  rally  round  the  custom,  when  they  fear  it 
sooner  or  later  will  be  superseded  by  some  common 
pacific  national  institution,  and  when  every  effbrt  is 
even  now  requisite  to  prop  up  the  obnoxious  law  of 
force,  and  nourish  assiduously  the  martial  spirit  of 
men?  In  reasoning  from  the  past,  or  rather  its 
consequences,  none  can  fail,  if  unprejudiced,  to 
discover  what  is  most  politic  and  safe  for  the  future. 
The  only  serious  opposition  to  be  anticipated,  will 
doubtless  arise  from  the  fact  that  war  is  a national  cus- 


27 


CONGRESS  OF  NATIONS. 


119 


tom,  SO  general,  so  mingled  in  political  constitutions, 
so  often  resorted  to  in  past  ages,  that  any  substitute 
would  at  the  first  impression  seem  impracticable] 
and  this  is  all  the  improbability  impending  over  the 
subject.  But  governments  have  denounced  piracy, 
slavery,  and  many  other  measures  or  practices  favored 
by  state  authority.  Changes,  radical  and  sudden,- in 
national  policy,  have  often  revolutionized  the  habits  of 
society.  The  human  mind  regards  now  with  surprise 
its  own  timidity,  and  tardiness,  and  prejudices,  w^hen 
it  surveys  the  extensive  reforms  of  former  times. 
Again  and  again  has  the  unrivalled  cause  of  national 
and  human  improvement  proved  itself  mightier  than 
prejudices  and  improbabilities.  If  war  has  nothing  to 
recommend  it  but  its  past  effects,  and  must  ever  be 
from  the  nature  of  things  what  it  has  been, — if  men 
are  driven  to  improbabilities  merely  for  weapons  of 
defence,  as  if  what  seemed  probable  was  decisive, — 
then  is  this  Congress  nearer  at  hand  in  its  organ- 
ization than  some  of  its  able  supporters  imagine. 
Chivalry  has  broken  its  lances — superstition  risen 
like  morning  mists  from  the  realms  of  ignorance  — 
devotion  to  arms  fast  declined — tyranny  cowered 
and  ffed  before  the  light  of  liberty.  The  precepts 
of  religion — the  happiness  of  man — the  social 
principle  of  nations,  are  on  one  side  of  this  question, 
opposed  by  the  influences  of  a most  atrocious,  useless 
and  pernicious  custom.  When  the  sword,  red  with 
countless  massacres,  becomes  a loathsome  object; 
when  the  legality  of  war  is  regarded  as  the  fountain- 
head of  all  its  mischief  and  misery,  repugnant  to  the 


120 


CONGRESS  OF  NATIONS. 


28 


designs  of  creation,  to  reason,  to  national  dignity,  the 
custom  will  surely  be  abolished,  and  resort  will  not 
be  had  to  mere  fanciful  objections  as  to  the  inode  of 
its  abolition  or  the  perfectness  of  the  substitute 
employed  to  effect  so  vast  a result. 

Perhaps  no  argument  more  convincing  could  be 
urged  in  favor  of  this  Congress,  than  what  an 
extended  view  of  war,  in  the  detail,  might  furnish. 
Obviously,  the  remedy  can  be  best  ascertained  and 
will  be  best  appreciated  and  enforced,  by  recognizing 
and  developing  fully  such  a political  malady  as 
national  hostility  appears  to  be.  But  while  history, 
diligently  examined,  raises  no  difficulty  or  objection 
for  the  advocate  of  war  against  such  a Congress,  he 
will  find  reason,  practicability,  necessity  enough  there 
for  the  measure ; and  the  horrors  of  a thousand  scenes 
of  human  strife  will  serve  to  abate,  if  not  extinguish, 
his  thirst  for  military  renown.  The  real  merits  of  this 
question  of  reform  are  not  to  be  covered  up  by  mere 
doubts,  fears  or  improbabilities,  however  sanguine. 
To  scatter  these  at  once,  it  might  be  enough  simply 
to  invite  nations  to  trij — trij — try  the  experiment,  if 
such  it  is  deemed,  of  this  institution.  War  has  been 
a long-tried  experiment ; and  has  it  not  miserably 
failed?  Sufficient  has  been  already  said,  to  show 
most  clearly  that  it  is  in  origin,  prosecution  and 
interruption,  as  conventional  as  any  other  national 
act.  It  seems  idle  to  talk  of  wars  as  unavoidable, 
when,  no  less  than  peace,  they  are  matters  of  grave 
debate  and  deliberate  argument.  The  human  mind 
need  not  measure  the  evil  custom  in  length  and 


29  CONGRESS  OF  NATIONS.  121 

breadth,  to  find  how  destructive  it  is  to  the  works  of 
skill  and  labor — how  afflictive  to  the  innocent  and 
defenceless — how  protractive  of  man’s  moral,  social 
and  intellectual  growth.  The  light  of  history  exhibits 
its  glaring  mockery  and  perversion  of  justice.  Who, 
indeed,  will  prove  or  maintain,  that  it  is  a useful 
exercise  of  political  power?  Who  denies  it  to  be 
the  fruitful  source  of  public  and  private  misfortune, 
crime  and  distress?  Does  it  not  present  the  most 
inglorious  spectacle  of  national  or  human  prowess? 
If  these  things  are  so,  it  is  time  to  provide  against  the 
recurrence  of  the  calamity,  desolation  and  injustice, 
which  for  ages  have  traversed  the  earth  in  the 
monster  shape  of  war,  — time  something  was  substi- 
tuted in  its  place,  more  creditable  to  the  wisdom  and 
humanity  of  nations  claiming  to  be  civilized,  just  or 
Christian.  When  the  nations  have  arrived  at  such 
a conclusion,  it  is  manifest  some  institution  like  that 
now  under  consideration  will  be  necessary,  and  it 
only  remains  to  see  how  long  they  will  avoid  that 
conclusion,  pressing  upon  them  on  every  side,  by 
adhering  to  their  past  course  of  policy,  and  sheltering 
themselves  under  a right  never  yet  exercised  without 
distrust  and  hazard. 

The  advocate  of  reform  always  labors  at  a great 
disadvantage  when  forced  to  anticipate  difficulties 
and  objections ; nothing  short  of  definite  allegation 
being  susceptible  of  satisfactory  analysis  or  disproof. 
There  is  Uttle  doubt  that  the  manufacture  of  fire-arms 
and  other  implements  of  human  destruction  would 
hardly  equal,  in  ingenuity  or  variety,  the  manufacture 


16 


122 


CONGRESS  OF  NATIONS. 


30 


of  pretexts  for  the  continuance  of  war  as  a measure 
of  national  policy.  But  it  is  confidently  believed 
they  would  all  be  found  as  untenable  as  those  already 
anticipated.  There  is,  however,  a remark  which 
claims  a passing  but  respectful  notice,  since  it  was 
made  by  one  every  where  venerated  for  his  pohtical 
integrity.  We  refer  to  General  Washington’s  admon- 
itory sentiment,  “in  peace  prepare  for  war.”  This 
sentiment  is  deservedly  popular,  considering  the  time 
and  circumstances  which  ehcited  it.  It  is  popular  for 
its  high  human  authorship  and  its  accordance  with 
the  common  prepossessions  in  favor  of  martial  things. 
It  might  well  be  insisted  on,  now  and  for  ever,  as  one 
of  the  safest  political  maxims,  could  not  war  be 
avoided  by  some  pacific  convention  or  institution. 
Many  true  patriots  have  expressed  similar  popular 
sentiments ; but  in  reference  to  the  proposed  Con- 
gress, they  present  no  objection — raise  no  argument 
of  impracticability — justify  no  discouragement.  War 
may  have  its  impetuous  advocates  in  the  national 
cabinets ; bloodshed,  revenge,  and  retaliation  by  force, 
may  be  prefetred  by  some  to  any  new  system  of 
reconciliation  or  adjudication ; but  will  it  not  be  on 
the  ground  that  there  can  be  no  other  system  of 
national  defence,  which  is  a palpable  petitio  principii  ? 
Is  peace  only  likely  to  be  valued  by  sacrificing  in 
wars  national  honor,  security  and  justice?  Is  it  a 
fair  inference,  or  a plain  non  sequitur,  that  patriots  of 
a Washington  school  would  advocate  the  necessity 
of  war,  and  maintain  the  impracticability  of  this 
Congress,  because  they  said  or  performed  what  they 


31 


CONGRESS  OF  NATIONS. 


123 


have  in  the  distracted  periods  in  which  they  lived, 
without  the  slightest  discernible  recognition  in  their 
minds  of  any  measure  like  this  Congress  to  prevent 
wars  ? Every  true  patriot  has  considered  war  a 
national  calamity ; and  it  is  worth  while  to  notice  that 
the  American  Revolution  was  in  fact  a defensive 
struggle,  and  that  as  a general  dictate  of  wisdom,  the 
best  preparation  against  the  calamity  of  war  would 
seem,  at  least,  to  be  the  attempt,  by  this  Congress, 
on  the  part  of  nations,  to  suppress  and  supersede 
rather  than  encourage  it.  Let  the  maxims  sanctioning 
war  be  ever  so  popular,  authoritative  or  numerous, 
one  remark  applies  to  them  all : they  stand  or  fall,  in 
regard  to  this  Congress,  on  the  absolute  necessity  of 
war  alone ; they  relate  to  the  past  and  existing  practice 
and  law  of  nations,  and  in  this  view  there  is  every 
reason  to  prepare  in  peace  for  war,  the  object  being  a 
vigorous  defence  and  not  to  prevent  the  resort  to 
arms.  So  long  as  governments  elect  to  adjust  their 
disputes  by  force  rather  than  pacific  measures ; so 
long  as  the  people  are  ignorant  that  war  is  just  as 
avoidable  as  peace,  the  history  of  nations  will  for  the 
future  repeat  their  past  calamities,  and  in  view  of  such 
a prospect  the  sovereign  and  subject  may  well  feel 
the  inducement  to  establish  this  Congress.  If  the 
custom  of  war  prove  too  deeply  rooted  among  states, 
possessing  the  affections  or  judgment  of  the  people, 
who,  with  their  rulers,  see  nothing  in  it  but  glory  and 
expediency — no  folly — no  hazard — no  misery — no 
injustice,  then  it  can  be  no  prediction  to  foresee  old 
empires  broken  with  discord,  ravishing,  and  fresh 


\ 


124 


CONGRESS  OF  NATIONS. 


32 


usurpations  following  fresh  conquests.*  The  peace- 
maker will  fly  to  the  lonely  fountain  from  the  thunders 
of  battles,  disgusted  with  the  rashness  of  his  rulers, 
deprecating  that  policy  which,  depending  on  the 
the  sword,  substitutes  violence  for  justice,  discord  for 
reason,  martial  for  moral  glory,  hatred  for  amity, 
piracy  for  commerce,  pauperism  for  enterprise,  death 
for  life ! 

The  idea  of  an  institution  like  that  here  proposed 
seems  not  to  have  been  distinctly  entertained  by  any 
civilian  or  even  moralist.  The  prevention  of  national 
war,  by  such  a provision,  must  be  regarded  as  a 
casus  omissus  in  political  justice,  much  to  be  regretted, 
if  not  wondered  at.  So  far,  indeed,  does  the  encour- 
agement legis  scriptiB  fail  us  on  this  important  subject, 
— expected,  as  well  it  might  be,  from  a code  of  prin- 
ciples so  inclusive  of  this  question  as  is  the  liberal 
science  of  civil  polity, — that  the  pervading  tone  of  the 
law  of  nations  favors  and  justifies  war.  Writers 
assume  it  as  a primary  principle,  and  an  uncontro- 
verted postulate,  that  war  is  a necessary  evil.  It  is 
expressly  said,  that  the  law  has  “consecrated,  through 
the  irritable  passions  of  man,  that  unfortunate  neces- 
sity, which  allows  belligerents  to  do  each  other  all 
possible  harm,”t  and  a host  of  passages  might  be 
cited,  from  various  authors,  of  the  same  character. 
But  it  could  not  have  ever  been  denied  with  a quiet 
conscience,  that  national  peace  was  a necessary  good. 
If  publicists  would  moderate  the  excesses  or  lessen 


Azuni,  Vol.  II,  p.  9. 


t Ibid.  pp.  18,  23. 


33 


CONGRESS  OF  NATIONS. 


125 


the  evils  of  war,  admitting  as  they  do  that  the  custom 
is  replete  with  them,  they  have  at  most  only  doubted 
or  dreamed  of  its  abolition.  While  the  frequency 
of  the  calamity  has  been  anxiously  considered,  its 
perpetual  prevention  has  been  strangely  overlooked. 

But  the  merits  of  this  institution  do  not  depend 
upon  authority,  and  from  their  own  light  may  be  not 
clearly  seen  in  all  their  force.  If  it  be  supposed  that 
it  could  not  have  been  founded  in  any  former  age,  by 
reason  of  the  degraded  condition  of  man,  it  merely 
follows  that  its  ultimate  establishment  demands  a 
certain  degree  of  civilization.  But  it  would  be  very 
difficult  to  prove  it  could  never  have  been  established. 
It  certainly  has  never  been  attempted,  and  scarcely 
can  be  said  to  have  been  suggested  by  any  specu- 
lative theory.  Now  the  history  of  man  abundantly 
shows  how  great  discoveries  raise  the  people  from 
a degraded  condition.  It  shows,  too,  how  large  a 
share  in  their  debasement  war  has  had.  If  it  were 
even  true  that  mankind,  or  a sufficient  portion  of  the 
race,  are  not  at  present  in  a condition  to  admit  the 
institution,  it  must  itself  refine  and  restrain  the  people, 
by  delivering  them  from  the  influences  of  war,  as 
baneful  as  they  have  proved  to  their  moral  nature  and 
national  condition.  If  this  Congress  may  be  regarded 
as  a discovery,  lilte  the  compass -needle,  we  trust  it 
may  lead  to  as  much  civilization  and  vastly  more 
international  harmony.  The  effect  cannot  precede 
the  cause,  and  it  is  enough  that  the  evil  exists  to  be 
remedied,  or  that  it  ought  to  be  and  can  be  remedied. 
There  can  be  no  doubt  of  the  fact  that  the  improve- 


126 


CONGRESS  OF  NATIONS. 


34 


merit  of  the  subject  is,  to  a very  great  extent,  within 
the  power,  and  results  from  the  measures,  of  govern- 
ment. This  is  reason  enough  to  show  that  this 
question  is  a practical  one,  and  also  what  is  the  duty 
and  interest  and  honor  of  Christian  or  civilized  nations 
in  view  of  it.  Why  no  express  opinion  in  favor  of 
this  simple  mode  of  adjusting  national  disputes, 
whereby  nothing  is  lost  but  the  right  of  using  force, 
and  every  thing  gained,  can  be  found  among  writers, 
is  very  easily  accounted  for’.  At  no  period  have  they 
entei'tained  the  single  view  of  precluding  war  univer- 
sally by  the  concert  and  consent  of  nations  ; or,  which 
is  the  same  thing,  by  pacific  international  action. 
Their  purpose  has  been  to  collect  or  improve  the 
law  of  nations,  to  apprize  society  of  its  rights  and 
remedies,  rather  than  originate  any  new  system,  or 
supplant  approved  principles  and  rules.  Without 
their  labors,  all  would  have  been  confusion.  They 
have,  therefore,  unconsciously,  and  to  a very  consider- 
able degree,  led  nations  into  an  uniformity  of  action, 
and  thus  opened,  in  some  sort,  the  way  to  the 
establishment  of  this  Congress.  But  although  all 
civilized  countries  know  and  observe  the  great  land- 
marks, so  to  speak,  of  this  common  code,  yet  the  age 
is  more  behindhand  in  respect  to  the  law  of  nations 
than  any  thing  else.  Nor  is  this  Congress  objection- 
able as  an  innovation  or  experiment.  The  experiment 
of  warfare,  after  the  trial  of  many  centuries,  has 
resulted  in  a failure,  and  demonstrated,  if  its  history 
be  credited,  its  injustice  and  folly,  if  its  original  or 
assignable  object  have  been  the  good  of  the  people 


35 


CONGRESS  OF  NATIONS. 


127 


or  the  protection  of  sovereign  rights.  No  fact  can 
be  more  conclusively  established  than  this.  The  law 
writers  have  been  glad  to  find  certain  legal  principles 
common  and  inviolable  among  governments.  But  a 
new  and  most  auspicious  era  will  manifestly  be 
introduced  with  this  court  of  nations,  in  this  respect. 

Notwithstanding  the  silence,  remarkable  as  it  seems, 
of  pubhcists  on  this  subject,  they  have  greatly  suc- 
ceeded in  softening  the  iron  features  of  “unrelenting 
war.”  We  hear  the  beauty  of  “modem  warfare” 
boasted  of,  and  however  curious  any  history  might 
be  of  national  enmity  from  the  day  of  scythe-armed 
chariots  to  that  of  gun-powder,  it  is  irrequisite,  and 
would  be  misplaced  here.  To  give  the  “science” 
of  human  slaughter — the  operation  of  the  code  of 
national  injustice — their  utmost  modern  distinction  — 
would,  perhaps,  be  merely  to  mention  that  “steam- 
ordnance,”  by  which  an  incredible  amount  of  misery 
is  effected  in  the  briefest  possible  time,  and  which, 
if  known  when  the  Israelites  warred  with  the  Moab- 
ites, might  long  ago  have  settled  this  question.  If 
mankind  never  before  conceived  of  deciding  their 
rights  without  a resort  to  arms,  still  the  evils  of  war 
have  been  the  subject  of  legal  provision,  and  even 
prevented  by  the  unanimity  and  confidence  with 
which  conciliatory  measures  have  been  urged  upon 
nations.  The  desire  to  maintain  national  rights  is  too 
laudable  to  be  fulfilled  by  such  unworthy  means  as 
the  slaughter  of  a multitude  (thereby  deprived  of  the 
enjoyment  of  the  rights  contended  for).  Certainly  it 
is  a desideratum  that  their  maintenance  and  security 


128 


CONGRESS  OF  NATIONS. 


36 


should  not  be  attended  with  such  a sacrifice  of  public 
prosperity  and  private  happiness  as  is  caused  by 
wars.  In  every  attempt  to  make  an  evil  custom  as 
virtuous  as  some  fain  would  imagine  it  has  become, 
in  every  efibrt  to  improve  modern  warfare,  the 
civilians  seem  to  advance  toward  its  abolition.  But 
after  all,  so  long  as  wars  continue,  there  surely  can 
be  little  room  for  the  exercise  of  tender  mercy  or 
justice,  when  nations  proclaim  themselves  enemies, 
and  the  sword  and  musket  alone  are  used  to  show 
how  savage  that  enmity  and  how  adverse  the  rights 
of  man.  If  then  the  mischief  be  great  of  continuing 
the  present  expedient  of  war,  it  seems  better  policy 
to  avoid  it  by  a more  comprehensive  and  effectual 
plan  of  adjustment ; and  this  Congress  is  proposed 
as  extending  to  all  cases  of  national  difference  the 
same  correcting,  remedial  and  conciliatory  principles 
which  have  strangely,  hitherto,  been  confined  in  their 
application.  All  past  amicable  negotiation  is  an 
approval  of,  and  strongly  recommends,  the  institution, 
where  will  be  obhgatory  and  operative  the  same  law, 
consent  and  power,  object  and  interest,  which  have 
originated  or  effected  previous  pacific  compacts. 

The  methods  of  terminating  national  disputes, 
preferred  to  war  by  the  law  of  nations,  as  the  mildest 
and  best  calculated  to  do  justice,  are,  “amicable 
accommodation,  negotiation,  mediation  and  arbitra- 
tion.” By  the  first,  nations  for  the  present  renounce, 
without  abandoning,  some  right  after  examining  in 
good  faith  the  subject  of  the  dispute ; by  negotiation, 
they  recede  on  both  sides,  agreeing  each  shall  have 


37  CONGRESS  OF  NATIONS.  129 

the  thing  contested,  or  that  one  of  the  parties  shall 
have  it  on  condition  of  certain  advantages  granted  to 
the  other ; mediation,  “often  found  effectual,”  is 
where  a common  friend  interposes  to  reconcile  the 
contending  parties,  or  makes  them  agree  to  rehnquish 
their  rights  ; or  in  cases  of  injury,  to  offer  and  accept 
reasonable  satisfaction.  The  last  method,  arbitration, 
is  the  submission  of  disputes  to  arbitrators  chosen  by 
common  agreement,  by  whose  decision  the  parties 
are  and  ought  to  be  bound,  except  only  when 
produced  by  corruption  or  flagrant  partiality.*  “ The 
strict  right  may  be  mistaken  by  the  arbitrator ; but  it 
is  still  more  to  be  feared  that  it  will  be  overwhelmed 
by  the  fate  of  arms.” 

Such  are  now  the  legal  provisions  common  among 
the  nations ; and  they  seem  only  to  require  the 
agency  of  this  Congress,  to  make  them  sufficient  and 
effectual.  Indeed,  to  operate  at  all,  the  institution 
would  require  just  such  legal  provisions  or  modes  of 
action.  In  point  of  principle,  then,  it  cannot  well  be 
objected  to  as  a novel  institution.  In  some  respects, 
perhaps,  it  may  be  called  a bold  measure  ; but, 
surely,  in  no  view  a hazardous  one.  Some,  too,  may 
denounce  it  as  an  innovation ; but  what  philanthropic 
plan  has  not  been  such?  Political  doctrines,  no 
matter  how  ancient,  like  every  thing  else,  must  yield 
to  an  enlightened  sense  of  justice  and  the  popular 
welfare.  The  “reason  of  state”  may  always  well 
reward  our  investigation,  when  it  becomes  a subject 


* Vattel,  book  2,  ch.  xviii. 


17 


130 


CONGRESS  or  NATIONS. 


38 


of  profound  siispicion,  by  its  own  plots  and  subter- 
fuges of  darkness,  screening  every  thing  and  any 
thing  from  the  knowledge  of  the  people.  But  one 
thing  is  quite  certain,  that  this  measure  will  stand  the 
scrutiny,  and  satisfy  the  desire  of  the  patriot,  however 
much  opposed  by  the  political  juggler  or  the  anti- 
humane.  If  it  were  entirely  a novelty,  it  would  not 
on  that  account  appear  inexpedient.  We  shall 
presently  inquire  how  much  and  fast,  of  late  years, 
public  opinion  has  favored  it.  Besides,  the  objection 
of  novelty,  should  it  be  pressed,  does  not  attach  to 
the  institution,  which  substantially  is  nothing  more 
than  the  creation  of  an  agent ; but  rather  to  the 
civilized  world  meriting  as  it  does  the  reproach  of  not 
having  earlier  founded  such  an  institution.  This 
Congress  is  in  form  only  novel,  but  in  principle  it  is 
an  improvement,  a term  of  marked  significance  in  this 
“age  of  improvements.”  It  would  enlarge  and  secure 
the  past  pacific  policy  of  governments  for  the  future. 
It  professes  to  unite  their  respective  power,  and  pledge 
their  cooperation  for  this  common  beneficent  object. 
If  history  be  consulted,  it  will  appear  that  the 
wisdom  of  nations  has  been  taxed  to  divine  pacific 
means  of  adjusting  their  disputes.  Unfortunately  the 
advantage  of  the  present  modes  of  adjudication  or 
compromise,  originating  as  they  do,  conducted  as  they 
are,  is  temporary,  accidental,  limited  or  exclusive. 
But  this  Congress,  considering  its  origin,  character, 
influence,  design,  promises  a lasting,  certain,  universal 
benefit.  Wars  have  often  been  prevented  by  treaties. 
Now  what,  in  plain  terms,  are  treaties,  but  concessions. 


39 


CONGRESS  OF  NATIONS. 


131 


submission,  satisfaction  ? If  so,  are  not  wars  unnec- 
essary to  obtain  justice  as  between  nations?  This 
very  principle,  unlimited  in  terms,  ought  then  no 
longer  to  be  narrowly  or  unfrequently  applied.  The 
effects  of  vain-glorious  war  are  summed  up  in  the 
single  word,  desolation.  The  effect  of  this  institution 
will  be  permanent  national  peace. 

But  the  all-absorbing  inquiry  is.  What  is  the  most 
efficient  way  to  secure  national  peace,  and  with  it 
national  prosperity,  the  world  having  found  war  the 
prolific  source  of  disputes  which  reproduce  war  ? 
Now  nothing  nearer  the  existing  modes  of  interna- 
tional compromise,  nothing  more  in  accordance  with 
the  law  and  spirit  of  modern  amicable  diplomacy, 
could  possibly  be  devised  than  this  national  court, 
with  any  reasonable  expectation  of  preventing  wars 
or  adjusting  disputes.  It  may  be  said,  that  its 
existence  will  be  precarious,  that  its  stipulations  will 
not  easily  be  enforced,  since  the  mass  of  mankind 
are  governed  in  their  political  relations  by  passion. 
It  will  be  said,  moreover,  the  multitude,  easily  excited 
against  their  true  interest,  are  unrestrained  by  moral 
sense  or  legal  penalties  ; that  their  feelings  and 
opinions,  as  well  as  the  state’s  honor,  being  involved 
in  political  questions,  the  Congress  cannot  succeed 
on  account  of  its  distance  from  the  people,  since  even 
the  obligations  of  municipal  laws  are  sometimes 
disowned,  though  directly  affecting  them;  that  its 
decrees  will  be  dictated  in  a fear  of  the  people,  just 
as  compacts  and  treaties  have  been  made  for  the 
occasion  or  party  purposes.  We  may  be  asked,  if 


132 


CONGRESS  or  NATIONS. 


40 


revolutionists  of  a country  bound  by  the  Congress 
will  respect  its  decrees  if  adverse  to  their  plans? 
Thus  stands  the  objection,  or  rather  the  fear  of  the 
success  of  the  institution,  at  full  length.  It  is  mani- 
festly founded,  however,  on  human  imperfection  solely, 
whence  springs  all  evil,  political  and  moral, — having 
compelled  many  a reformer  to  fold  up  for  ever  his 
beneficent  theory, — implying  that  nothing  could  be 
done,  when  something  clearly  ought  to  be  done,  to 
improve  the  conventional  system  of  international  juris- 
prudence. Nay,  it  would  prevent  all  improvement  in 
the  condition  of  men  as  well  as  nations ; and  because 
they  have  been  or  are  factious,  encourage  them  to 
remain  so.  As  to  the  case  of  revolutionists,  it  is  enough 
to  answer,  that  any  decree  of  this  Congress  will  remain 
obfigatory  until  revised  by  a new  submission,  and 
executory  until  the  domestic  disturbances  of  a nation 
affected  by  the  decree,  and  over  which  disturbances 
the  Congress  will  have  no  control,  shall  have  sub- 
sided. When  faction  is  confined  to  a single  nation, 
the  dispute  cannot  be  of  that  international  character 
which  alone  is  to  warrant  the  interposition  of  the 
Congress ; and  when  more  extensive,  it  is  little  to  be 
feared  that  such  interposition  will  be  either  unheeded 
or  unsought. 

But  individual  self-government,  or  national  self- 
government,  has  as  little  to  do  with  the  operation 
or  success  of  this  Congress  as  it  has  with  family 
discipline.  If  mankind  be  so  alarmingly  factious,  it 
is  a much  stronger  objection  to  the  regular  police  of 
the  villages  and  cities  where  they  reside,  than  to  the 


41  CONGRESS  OF  NATIONS.  133 

form  of  administering  international  justice,  or  the 
manner  of  procuring  the  world’s  peace.  For,  after 
all,  this  is  very  much  a mere  question  as  to  the 
manner  in  which  a certain  common  diplomatic  power 
shall  be  executed,  the  principles  on  which  the  Con- 
gress is  founded  and  which  it  proposes  to  administer, 
having  been  long  recognized  and  practised  upon.  It 
is  remarkable,  too,  that  the  factious  spirit  itself  among 
the  people  is  one  cause  of  the  peace  which  prevails 
between  governments.  Vattel*  says,  in  his  Preface, 
“ Men,  being  far  from  observing,  voluntarily,  the  rules 
of  the  law  of  nature,  have  recourse  to  political  asso- 
ciation, as  the  only  proper  remedy  against  the  depravity 
of  the  multitude,  and  the  law  of  nature  approves  of  this 
establishment.”  Now  most  manifestly,  this  Congress  is 
to  the  same  end  a political  association.  If  nations  are 
factious  among  themselves,  and  we  can  hardly  conceive 
them  to  be  so  in  the  Same  way  as  individuals,  would 
they  not  for  this  very  reason,  united  to  maintain  peace 
through  the  intervention  of  a common  mediator, 
more  assiduously  and  cautiously  guard  themselves 
against  any  violent  outbreakings  ? It  is,  however, 
even  said,  “that  permanent  security  against  political 
evils  will  not  spring  from  the  virtue  and  purity  of  the 
people,”  human  foresight  itself  being  inadequate  to 
such  a result.  But  cannot  this  national  association 
prevent  if  not  abolish  war?  For  the  question  is  not, 
whether,  in  respect  to  it,  human  depravity  or  popular 


* An  author  of  sound  judgment  and  universal  philanthropy,  accord- 
ing to  Patrick  Henry,  and  one  entitled  to  great  confidence. — Ilirt’s 
Henrii,  p.  326. 


134 


CONGRESS  OF  NATIONS. 


42 


turbulency  be  total  or  partial,  favorable  or  adverse, 
nor  what  effect,  indirect  and  remote  as  it  must  be, 
these  wall  have,  or  an  unenlightened  community 
may  have,  on  international  harmony.  May  we  not 
reasonably  believe  that  faction  will  be  much  more 
confined,  transient  and  powerless,  when  nation  shall 
cease  to  arm  itself  against  nation  to  settle  their 
differences  ? What  more  practicable  method  suggests 
itself  of  preventing  popular  rebellion,  than  to  encourage 
popular  peace?  Faction  is  ever  fed  by  prospective 
advantages.  Is  its  object  unconstitutional? — it  is 
defeated  lege  loci,  or  by  a stern  and  steady  sovereignty. 
Is  it  constitutional? — the  people  will  prevail  even 
without  a civil  war,  and,  so  far  as  this  Congress  could 
have  any  influence,  the  claim  of  constitutional  right 
would  not  fail  to  be  aided  and  respected. 

The  institution  would  suffice  as  a vast  improvement, 
if  it  effected  its  object  as  uninterruptedly  as  the  law 
of  the  realm.  But  will  it  not  succeed  better,  being 
less  exposed  to  popular  infraction  ? The  present 
modes  of  diplomatic  intercourse  and  the  instances  of 
negotiation  are  carried  on  and  concluded  with  more 
satisfaction  to  the  mass  of  the  people,  scarcely  ever 
eliciting  any  excitement,  than,  if  the  very  same  results 
had  been  attained  by  force  of  arms,  would  or  could  have 
followed.  The  reason  is  obvious;  the  people  have 
confidence  in  the  means  thus  used  to  do  them  justice 
in  their  national  capacity ; and  will  they  not  have 
confidence  in  this  institution,  established  for  the  same 
end  ? We  might  with  strict  truth  say,  that  compulsion, 
much  more  than  patriotism,  has  been  the  means  of 


43 


CONGRESS  OF  NATIONS. 


135 


forcing  immense  armies  into  the  battle-field.  Systems 
of  impressment  and  enlistment  have  even  led  to  wars. 
If  men  are  forced  to  be  soldiers,  what  is  patriotism 
likely  to  become  but  a reluctant  allegiance  1 or  what 
becomes  of  the  constitutional  right  of  liberty,  property, 
limb  and  fife  ? Now  if  these  things  are  so,  in  which 
event  may  faction  be  looked  for  among  the  people,  in 
cases  of  amicable  negotiation,  or  when  wars  are 
declared  as  often  as  disputes  arise  1 It  is,  then,  one 
of  the  plainest  propositions  in  civil  polity,  that  faction 
is  almost  invariably  the  consequence,  seldom  the 
inducement  of  war.  Perfection  of  government  can 
be  the  ultima  thule  of  popular  desire  only  so  far  as  it 
is  a source  of  human  happiness.  If  the  law  of  war 
or  of  nations  contains  a better  principle  than  this,  the 
eyes  of  an  Argus  would  fail  to  discover  it. 

Of  the  probable  success  of  this  court  of  nations  in 
enforcing  its  stipulations,  it  is,  at  present,  enough  to 
say,  that  it  by  no  means  depends  on  extreme  cases. 
Could  it  be  confidently  asserted  that  in  some  rare 
instances,  and  which  cannot  be  foreknown  for  their 
unprecedented  character,  its  stipulations  or  decisions 
might  not  be  supported,  war  would  not  necessarily 
follow,  nor  would  there  be  cause  for  abandoning  the 
measure  or  despairing  of  its  general  utility.  There 
would  be  equal  reason  to  dissolve  every  civil  compact, 
in  esse,  were  its  infraction  matter  either  of  vague 
prediction  or  fair  conjecture.  If  the  parties  to  the 
dispute  were  not  satisfied  with  and  will  not  abide 
by  the  decision,  there  might  be  a new  submission  or 
a new  Congress,  or  both.  But  for  argument’s  sake. 


136 


CONGRESS  OF  NATIONS. 


44 


admit  there  is  ground  for  distrust ; grant  that  the 
Congress,  like  all  human  or  national  institutions,  will 
come  short  of  its  noble  design,  not  being  competent 
completely  to  execute  its  trust ; may  not  the  fault  be 
in  the  nations,  rather  than  in  the  institution  ? May  it 
not,  nevertheless,  by  its  own  magnanimous  power  and 
character,  accomplish  its  object  adequately  ? If  there 
be  any  assignable  reason  why  it  will  not,  we  are  at  a 
loss  to  discern  its  faintest  shadow.  Laying  aside  the 
fears  of  a foreboding  speculator  as  unworthy  the 
subject,  the  institution  must  sufficiently  succeed  for 
all  reasonable  anticipation.  What  constitution  of 
government,  from  the  freest  to  the  most  oppressive, 
or  what  institution,  even  the  best  endowed,  fulfils 
what  in  spirit  it  guarantees  ? How  happens  it,  too, 
that  the  practical  operation  of  all  diplomacy  is  now 
so  remarkably  successful,  so  entirely  unobjectionable  1 
There  would  seem  to  be  no  more  reason  to  doubt 
the  success  and  efficiency,  the  advantage  and  practi- 
cability of  this  Congress,  than  there  is  for  entertaining 
the  same  doubt  respecting  the  diplomatic  missions  of 
the  present  moment.  Moreover,  it  may  be  fairly 
anticipated,  that  the  Congress,  after  its  establishment, 
will  grow  more  perfect,  efficient  and  popular.  Man- 
kind will  not  readily  demolish  or  weaken  the  beautiful 
temple  of  peace,  when  once  reared  by  national 
wisdom  and  philanthropy.  An  extreme  case,  indeed, 
will  have  occurred,  when  a nation  should  defy  the 
spirit  of  justice  within,  or  resist  the  combined  power 
of  the  other  nations.  The  people  would  as  soon 
pull  down  the  Corinthian  pillars  of  learning,  because 


45  CONGRESS  OF  NATIONS.  137 

unable  to  buy  knowledge,  or  immolate  the  children  of 
faith,  because  unwilling  to  subscribe  to  some  novel 
creed,  as  overthrow  or  destroy  such  a sanctuary, 
because  faction,  tyranny  or  intrigue  could  not  coiTupt 
it.  Unless  the  fountain  be  impure  itself,  the  streams 
must  invigorate  the  whole  political  body,  carrying 
over  the  earth  friendship,  tranquillity,  confidence  and 
prosperity. 

An  analysis  of  the  jurisdiction  of  the  Congress 
would  be  more  or  less  a work  of  supposition, 
unnecessary  and  unsatisfactory.  Its  action  or  inter- 
position will  be  confined  to  the  single  object  of 
superseding  war  as  a means  of  securing  rights  or 
redressing  wrongs  between  nations.  From  its  juris- 
diction, of  course,  domestic  disputes  will  be  excluded ; 
and  it  is  worth  while  to  notice  here,  that  in  these, 
party  spirit  and  popular  faction  are  chiefly  found.  Its 
jurisdiction  ought,  from  pohcy,  from  the  character  of 
the  mstitution,  and  in  order  to  be  more  successful,  to 
be  purely  and  strictly  international.  Nor  is  this 
indefinite.  Such  an  international  agency  is  now 
partially  carried  on  by  diplomatists,  by  referring  to 
whose  labors  it  may  be  somewhat  minutely  ascer- 
tained for  its  details.  The  Congress  should  have 
no  part  in  the  establishment  or  the  change  of  forms 
of  government.  Merely  as  a suggestion,  it  may  be 
well  to  remark,  that  even  the  present  system  of 
diplomatic  intercourse  and  plenipotentiary  negotiation 
may  be  retained,  notwithstanding  this  Congress  might 
be  effectual  enough  without  them;  for  certainly  it 
would  neither  supersede  nor  interfere  with  them. 


18 


138 


CONGKESS  OF  NATIONS. 


46 


Part  of  that  system,  for  instance  consulships,  would 
seem  indispensable  under  the  Congress  ; but  the 
whole  might  be  much  improved  after  the  institution 
was  founded. 

In  general  terms,  it  can  with  safety  be  said,  that 
no  power  will  be  entrusted  to  the  Congress  which 
nations  noAv  hold,  excepting  only  an  exclusive 
authority  over  international  differences,  so  as  to 
prevent  the  attempt  to  adjust  them  by  force  of  arms ; 
and  that  this  power  or  authority  is  to  be  called  into 
exercise  only  when  two  or  more  nations,  unable  to 
adjust  their  disputes  theinselves,  submit  them  to  the 
judgment  of  this  court.  Clearly,  then,  nations  will 
lose  none  of  their  powers  by  the  Congress ; for  the 
first  proposition  assumes,  what  will  never  be  true, 
namely,  that  any  government  whatever  has  power 
over  international  disputes,  except  by  force  of  arms. 
The  second  proposition  also  assumes  something,  that 
the  Congress  will  be  resorted  to  for  a decision  of  what 
the  parties  cannot  decide;  which,  indeed,  admits  of 
very  little  doubt.  For,  by  erecting  and  maintaining 
such  a court  of  amity  and  justice,  the  nations  and  the 
parties  have  in  solemn  form  pledged  themselves  not 
to  be  their  own  avengers  (and  self-tormenters)  by  the 
desolations  of  war.  The  Congress,  perhaps,  might 
legitimately  recommend,  when  it  was  not  authorized 
to  act,  or  when  it  was  not  applied  to.  That  one 
nation  ought  not  to  interfere  with  the  internal  trans- 
actions of  another,  was  long  ago  considered  an  absurd 
maxim.*  The  considerate  policy  of  states  seems  to 


Goodwin’s  Political  Justice,  Vol.  II,  ch.  xvi. 


47 


CONGRESS  OF  NATIONS. 


139 


have  been  to  lay  by  tacitly,  inactively,  as  it  were, 
while  an  oppressed  country  or  dependency  thereof 
was  struggling  for  its  just  rights,  up  to  a certain 
period,  when,  as  if  from  national  obligation,  rather 
than  solicitation,  or  legal  authority,  they  would  help 
the  injured  party  out  of  the  vortex  of  misrule.  Every 
man’s  sense  of  national  justice  must  lead  him  to 
lament  that  necessary  precautionary  policy,  however, 
compelling  Europe  so  long  to  be  inactive  spectators  of 
a Don  Miguel’s  abuse  of  power.  Much  commiser- 
ation, too,  honorable  to  American  citizens,  began  to 
be  extended  to  the  Greeks  and  the  Poles,  after  the 
severest  and  most  protracted  sufferings  had  been 
endured.  But  after  all,  and  especially  at  first,  it 
would  be  most  expedient  to  exclude  this  power  of 
interference  with  insurrections  and  revolutions  from 
this  Congress.  Let  it  pass  them  by,  as  it  would  the 
more  local  volcano;  and  though  it  would  seem  a 
necessary,  as  well  as  just  interposition,  on  its  part,  to 
act  for  a small  state,  reduced  to  extremities  by  the 
grossest  oppression,  yet,  if  found  necessary  and  just, 
this  power  can  be  seasonably  entrusted  to  it  whenever 
the  case  presents  itself.  The  extension  of  its  power, 
in  any  given  case,  will  be  a matter  of  consent  by  the 
parties,  and,  therefore,  in  reference  to  its  jurisdiction, 
it  is  necessary  only  to  consider-  the  Congress  in  a 
general  point  of  view. 

There  is,  however,  one  evil,  at  least,  referring  itself 
to  the  Congress  for  a remedy,  without  any  specific 
national  consent,  nations  having  no  exclusive  power 
over  it,  though  they  have  manifested  the  strongest 


140  CONGRESS  OF  NATIONS.  48 

desire  to  suppress  it.  We  refer  to  private  war  or 
piracy.  From  earliest  time,*  pirates  have  been 
regarded  as  “enemies  of  the  human  race,”  and 
“every  where  punished  with  death,  for  a crime  against 
the  universal  laws  of  society.”  By  the  remarkable 
and  desirable  concentration  of  national  power  pre- 
sented by  this  Congress,  this  evil  can  be  most 
successfully  prevented.  By  such  a combined  effort 
to  exterminate  piracy,  it  will  be  less  likely  to  find  any 
national  friend  or  refuge.  No  one  nation,  hitherto, 
has  been  able  to  free  its  commerce  from  this  enemy, 
and  wars  between  nations  have  greatly  encouraged 
its  operations. 

Thus  generally,  then,  may  we  discern  the  jurisdic- 
tion of  the  Congress.  Between  no  other  limits  can 
it  be  comprehended  than  its  object  and  national 
concession.  As  all  must  perceive,  it  will  much  depend 
on  the  events  of  time  and  the  disposition  of  govern- 
ments. But,  perhaps,  the  uncertainty  of  its  range  is  a 
fortunate  circumstance  in  the  preliminary  consideration 
of  the  whole  subject;  since,  thereby,  the  intrinsic 
merits  of  this  question  are  less  liable  to  be  embar- 
rassed. To  define  the  jurisdiction  by  metes  and 
bounds  would  be  premature,  if  not  immaterial  and 
impossible  ; and  various  other  topics  will  be  purposely 
omitted,  as  public  opinion  need  only  to  be  directed 
and  fortified  on  those  main  points, — the  practicability 
and  the  expediency  of  the  Congress  itself.  They 
will  not  be  gratified,  therefore,  who  may  desire  to 


* Azuni,  Vol.  II,  p.  361,  and  note. 


49 


CONGRESS  OF  NATIONS. 


141 


know  how  many  delegates  the  respective  nations  will 
send  to  the  congressional  convention  ; how  those 
delegates  are  to  be  selected ; what  sessions,  place 
of  assembly,  what  expense,  are  proposed.  Such 
inquiries  are  more  curious  than  reasonable.  Matters 
of  this  description  must  be  left  to  the  nations,  to  be 
arranged  through  their  foreign  ministry.  Their  dis- 
cussion here  would  throw  no  light  on  the  cause  of 
peace.  Mere  appendages  to  that  cause,  as  they  are, 
they  may  be  disregarded,  and  the  shadows  of  this 
sublime  institution  may  well  pass  unobserved,  while 
its  great  outlines  remain  unsketched. 

The  political  law,  as  every  reflecting  reader  may 
discover,  contains  the  best  and  the  worst  principles  in 
the  most  uncongenial  admixture  throughout.  A few  of 
its  most  obvious  inconsistencies  with  itself  and  the  most 
common  notions  of  justice  may  be  advantageously 
stated.  For  it  is  by  means  of  this  Congress  that 
the  reproach  of  such  a system  of  law  can  be  removed 
from  enlightened  nations,  and  an  uniform,  harmonious, 
just  code  of  legal  principles  supplied.  Therefore,  in 
examining  this  subject,  the  old  grounds  must  mani- 
festly be  abandoned  on  which  the  law  of  nations  is 
reared,  as  they  furnish  no  light  to  a question  opposed 
Uke  this  to  all  former  theory.  The  laws  of  peace  nec- 
essarily abrogate  those  of  war ; we  might  naturally, 
then,  expect  their  union  in  a code  would  make  that 
code  a system  of  confusion  and  inconsistency.  If 
the  legality  of  war  results  from  usage,  we  can  fairly 
suppose  the  custom  sustainable  only  on  a false  and 
perverted  view  of  political  justice.  This  Congress  is 


142 


CONGRESS  OF  NATIONS. 


50 


predicated  on  the  supposition,  that  rights  and  claims 
are  national  only  by  being  human  or  individual.  The 
enjoyment  of  national  good,  as  well  as  the  endurance 
of  civil  injury  or  wrong,  is  personal.  The  industry, 
wealth,  education,  &c.,  of  countries  are  by  a fiction 
termed  national,  while,  in  truth  and  reality,  they  are 
popular  blessings,  protected  by  the  laws  of  peace,  but 
prostrated  by  those  of  war.  He  who  murders  a 
single  fellow-being  is  punished  with  death ; but  war 
makes  it  glorious,  brave  and  patriotic  to  murder  as 
many  as  possible.  The  very  name  of  justice,  as  has 
before  been  remarked,  is  thus  reproached, — guilt  in 
the  single  instance  being  illegal,  in  the  gross,  legal. 
Now  how  infinitely  more  society  suffers  by  an  indis- 
criminate, wholesale  slaughter,  in  all  its  relations,  than 
it  does  or  can  by  the  single  act  of  an  assassin,  may 
be  easily  imagined.  The  moral  sense  of  man  shud- 
ders at  such  political  innocence ! Civilians  tell  us, 
over  and  over  again,  that  the  “principles  of  justice  are 
eternally  and  universally  the  same.”  How  happens 
it  that  they  are  so  contradictory  1 The  law  of  nations 
is  repeatedly  represented  as  immutable,  and  its  prin- 
ciples are  said  to  be  independent  of  circumstances ; 
and  in  the  same  volume*  of  political  law  we  read  of 
its  varying  with  the  change  of  circumstances,  — “the 
policy  of  the  moment”  modifying  it,  and  “in  modern 
times  its  regulations  incline  towards  general  equity.” 
It  seems  that  it  is  not  allowable  to  starve  or  blockade 
a whole  nation.f  But  why  is  it  not  equally  unjust  to 


* Azuni,  Vol.  II,  pp.  64  and  145.  f Ibid.,  p.  98. 


51 


CONGRESS  OF  NATIONS. 


143 


starve  or  blockade  it  piecemeal?  Again;  neutrals 
have  a natural  right  to  trade  in  all  sorts  of  goods ; 
and  yet  belligerents  have  the  inconsistent  right  to 
limit  this  trade ; a right  unlimited,  which  in  war  is  a 
source  of  complaint  and  controversy.*  If  nations 
agree  that  the  flag  shall  protect  cargoes,  the  commerce 
of  neutral  and  pacific  nations  would  be  free  from 
much  embarrassment ; but  while  war  causes  the 
interests  of  belligerent  Europe  to  be  adverse,  there  is 
little  hope  of  its  becoming  a permanent  rule  in  the 
international  code.f  Such  is  the  confusion  of  princi- 
ples, in  a body  of  law  which  ought  to  be  preeminently 
clear,  fixed  and  consistent.  If  this  confusion,  repug- 
nancy and  uncertainty  are  consequences  of  the 
existence  of  war,  or  of  its  legahty,  then  we  are 
furnished  with  another  argument  in  favor  of  the 
Congress,  and  by  its  establishment  may  expect  that 
order  will  spring  out  of  such  a political  chaos.  If 
war  is  necessary  to  vindicate  national  honor,  then 
national  honor  is  not  worth  the  vindication ; or  rather, 
it  is  worthy  of  a defence,  and  it  can  be  in  no  way 
better  defended  than  by  integrity,  philanthropy  and 
justice.  Nay  more;  it  can  be  elevated  by  these 
attributes  shining  conspicuously  in  this  Congress. 
It  ought  not  hereafter  to  be  said  of  those  governments 
which  are  proud  of  this  honor,  that  their  grandeur 
and  glory,  as  in  times  past,  have  been  pretexts  for  the 
most  pernicious  undertakings.  The  law  of  nations 


Azuni,  Vol.  II,  p.  78,  &c. 


t Ibid.,  p.  144. 


144 


CONGRESS  OF  NATIONS. 


52 


may  pretend,  too,  that  indemnification  is  to  be 
obtained  without  objection,  by  war.  But  the  history 
of  the  world  will  show  the  fallacy  and  folly  of  the 
law,  even  in  this.  Should  it  be  said,  that  the  “balance 
of  political  power”  is  preserved  by  wars,  it  will  be 
found  that  every  fear  of  its  preservation  has  directly 
or  indirectly  been  induced  by  them.  Besides,  this 
notorious  balance  of  power,  of  which  we  shall  give 
some  account  in  another  place,  is  very  much  of  a 
political  novelty,  and  certainly  is  of  little  consequence, 
compared  with  the  balance  of  equity  and  justice*  to 
be  maintained  by  this  Congress,  and  which  is  the 
only  permanent  foundation  of  any  power.  Indeed,  it 
will  be  found  most  likely  to  be  preserved  itself  by 
this  institution,  as  a necessary  consequence  of  its 
foundation. 

Declarations  of  war  and  treaties  of  peace  may  be 
regarded  in  the  light  of  usages.  But  they  would 
have  been  rarely  known,  had  governments  dealt 
justly  in  respect  to  one  another,  or  observed  that 
single  rule  urged  upon  them  by  their  law  “that  the 
same  justice,  equity  and  good-will  should  exist 
between  them  as  between  individuals.”  We  see  little, 
but  hear  much,  of  “the  greatest  good  of  the  greatest 
number.”  For  this,  governments  themselves  Avere 
instituted.  Judging  from  its  comprehensive  spirit,  as 
well  as  its  frequent  repetition  in  legal  treatises,  this 
principle  may  be  considered  not  only  a favorite  one 
with  every  jurist,  but  sacred  and  essential,  primary 
and  practical.  Yet,  strange  to  say,  the  greatest 


53  CONGRESS  OF  NATIONS.  145 

destruction  of  men,  has  been  the  question  in  the 
cabinets  of  sovereigns.*  The  principle  surely  is  a 
more  senseless  dictum,  and  no  emanation  from  human 
and  divine  justice,  if  war  is  any  application  or  effect 
of  it.  It  cannot  be  that  exalted  and  sacred  prin- 
ciple, which  it  is  asserted  to  be  so  often  and  so 
strenuously,  if  it  allows  injustice  between  nations,  or 
ever  appears  before  men  in  the  panoply  of  a warrior. 
With  it  the  system  of  war  cannot  harmonize,  and  no 
ingenuity  will  satisfy  a rational  being  that  war  is 
in  the  slightest  degree  a blessing  to  his  race.  So 
repugnant  to  other  systems  and  to  itself,  is  every 
legal  theory  upholding  this  evil  custom. 

To  various  other  legal  principles  and  popular 
sentiments  national  war  is  opposed.  Comparing  this 
law  with  itself  and  with  history,  how  true  we  find  it, 
that  nations  can  scarcely  be  said  to  have  a common 
legal  obligation,  or,  at  least,  code  of  obligations ; that 
their  juridical  theories  are  no  less  inconsistent  with 
themselves,  than  with  the  prUctices  of  government. 
Mankind  would  be  at  a loss  to  conceive  how  the 
arguments  for  peace  are  refuted  by  those  commonly 
advanced  for  war ; or  by  what  legerdemain  of  politi- 
cal sagacity  nations  have  been  precipitated  from  the 
highest  prosperity  to  the  most  wide-spread  misery. 
“Justice  is  the  very  basis  of  society,  and  the  sure 
bond  of  intercourse  among  mankind — now  is  war, 
as  history  unfolds  its  character,  as  indeed  every  man 
estimates  its  unavoidable  evils,  consistent  with  this 


* Azuni,  Vol.  II,  pp.  7,  8,  and  notes 


19 


146 


CONGRESS  OF  NATIONS. 


54 


fundamental  maxim  of  law  and  common  sense  ? But 
Azuni,  whom  we  have  closely  consulted  and  often 
quoted,  seems  to  account  for  all  this  confusion.  He 
says,*  as  long  as  war  is  capricious, — and  when  will 
it  cease  to  be  so?  — “nothing  will  remain  certain  or 
stable,  every  system  of  public  economy  will  be  totter- 
ing, governments  will  have  no  point  of  support,  and 
the  slightest  causes  may  in  a moment  overturn  king- 
doms and  annihilate  nations.”  And  to  prove  all  this, 
he  adds,  that  “without  the  aid  of  history,  mankind 
would  have  forgotten  the  names  of  the  Assyrians, 
Romans  and  many  other  formidable  states,  once  the 
arbiters  of  the  world.” 

Civilians  would  confine  war  to  the  limits  of  defence. 
But  it  spreads  over  neighboring  countries  because 
they  are  powerful,  or  because  unexecuted  designs  are 
imputed  to  them.  It  has  been  “a  school  of  deceit” 
and  “a  foe  to  human  happiness,”  and  at  the  same 
time  extolled  as  an  “admirable  art.”  Its  horrors  are 
vindicated  by  supposing  it  Avould  “sooner  cease  the 
more  intolerable  they  were  made,”  forgetting  that 
“severity  only  created  severity  in  return.”  The 
people,  in  this  matter  of  going  to  war,  lose  their  inde- 
pendence, and  are  blindly  subserving  tyranny  in  one 
form  to  destroy  it  in  another.  Moreover,  is  not  man 
a mere  machine,  when  doing  that,  the  utility  of  which 
is  unperceived  and  the  necessity  of  which  is  unfelt  ? 
Is  not  war  opposed  to  freedom,  when  the  soldier  must 
take  eve7i  his  tone  of  feeling  from  his  officers,  and 


* Vol.  11,  p.  9. 


55 


CONGRESS  OF  NATIONS. 


147 


subject  himself  to  camp-discipline, — that  “severest 
of  all  despotisms  ? ” Thus  it  is,  in  a practical  view, 
that  society  appears  to  have  been  made  the  pet  of 
theorists,  caressed  but  to  be  abused,  and  the  individ- 
uals are  lost  and  overshadowed  amidst  the  very  power 
of  sovereignty  created  by  themselves.  This  Congress 
will  reverse  such  an  order  of  things,  regarding,  as  it 
must,  in  its  arbitrations,  the  many  rather  than  the  few, 
since  all  arbitration,  from  its  nature,  must  proceed  by 
those  just  and  broad  rules  which  individuals  recog- 
nize, and  which  do  not  prejudice  the  real  parties  by 
constructions  and  fictions. 

The  law  of  nations  would  secure  the  rights  of 
property.  Now  it  was  never  denied  that  war  always 
affects  those  rights  injuriously,  and  it  will  be  admitted 
at  once,  that  if  peace  is  favorable  to  them  they  will 
have  another  safeguard  in  this  Congress.  It  is  true 
that  men  have,  in  some  sort,  by  their  device  of  insur- 
ance, guarded  against  this  inconsistency  of  the  laiv  of 
war  with  that  of  property.  But  can  or  shall  both 
these  laws  stand  together,  and  no  injustice  happen  1 
If  property, — and  without  it  mankind  would  rapidly 
retrograde  into  barbarism, — is  so  much  a prey  to  seiz- 
ures, detentions,  piracy,  confiscations,  &c.,  where  is  the 
necessity  or  expediency  of  war  1 Are  there  not  perils 
enough,  irremediable  because  natural  to  the  ocean, 
without  endangering  commercial  enterprise  by  acts  of 
government  which  are  both  conventional  and  unnatu- 
ral ! On  land,  too,  what  destruction  of  property,  and 
how  precarious  are  its  rights,  uninsurable,  by  means 
of  wars,  in  violation  of  that  justice  which  would 


148 


CONGRESS  OF  NATIONS. 


56 


have  all  rights  certain  and  secured  to  the  subject! 
Conquests  are  never  made,  nor  battles  fought  in  a 
harmless  any  more  than  in  a bloodless  manner ; and 
yet  one  would  think  this  was  the  common  political 
expectation.  Peradventure,  soldiers  will  acquire  a 
more  desperate  courage,  if  the  watchword  given  them 
be  “home,  country  and  property.”  This  is  more 
than  the  supposition,  alas ! of  those  who  feel  no 
responsibility  and  train  their  minds  and  consciences 
into  an  utter  disregard  of  consequences,  while  they 
lead  the  people  into  war,  in  the  forum  or  field.  It  is 
the  abuse  of  human  sympathy, — it  is  more  than 
argumentim  ad  liominem.  Shall,  then,  the  rights  of 
the  people  be  longer  at  the  tender  mercies  of  the  false 
war- defending  principle  of  the  present  international 
code  1 When  nations  have  obtained  in  the  Congress 
a common  impartial  court  of  justice,  the  ocean  and 
the  seas  may  indeed  become  “safer  highways”  to 
those  willing  to  risk  their  natural  perils ; and  rights  of 
property,  as  well  as  every  other  valuable  right,  may 
be  better  respected.  It  is  enough  that  war  is  a curse, 
but  to  construct  and  perpetuate  maxims  to  delude  the 
people,  is  reproachful  to  all  law  and  good  sense.  One 
would  suppose  the  sacredness  of  life,  without  that  of 
property,  sufficient  reason  for  repealing  the  laws  of 
war,  and  a convincing  argument  for  the  establishment 
of  this  Congress.  But  the  reason  and  the  argument 
seem  iiresistible,  when  every  thing  dear  to  man  in 
life, — the  very  religion  he  professes,  our  prospects 
and  enjoyments  here,  — our  hopes,  desires,  efforts  and 
obligations  as  Christians  and  civilized  communities,  all 
unite  to  favor  and  demand  such  an  institution. 


57 


COJVGRESS  OP  NATIONS. 


149 


There  is  another,  and  perhaps  the  most  mischievous 
violation  of  legal  principles,  requiring  some  notice, 
discernable  in  the  continuance  of  national  war.  From 
the  time  of  Grotius  to  our  own  age,  every  civilian  and 
morahst,  whose  attention  has  been  occupied  with  the 
subject  of  pohtical  economy,  has  agreed  that  the 
relation  of  states  to  each  other  is  social ; that  the 
natural  bond  of  government  is  one  of  society  and 
peace,  estabhshing  as  far  as  may  be  a parity  of  right 
between  them,  — famihes,  hamlets,  towns,  nations, — 
such  is  the  order  of  social  arrangement,  such  the 
progress  of  man,  towards  nationahty,  the  law  of  na- 
ture following  him  as  a guardian  spirit  at  each  step, 
and  his  happiness  always  intimating  the  policy,  wisdom 
and  value  of  friendship.  The  divine  law  enjoins  this 
social  state  on  nations,  as  indispensable  to  their  wel- 
fare. History  even  attributes  the  extinction  of  the 
most  powerful  and  brilliant  governments  to  the  disso- 
lution of  this  important  national  tie.  But  we  need 
not  search  beyond  our  own  bosoms  for  proofs  of  this 
truth  of  truths.  All  know  it,  all  feel  it,  and  often  act 
in  accordance  with  it.  Is  resistance  to  unconstitutional 
usurpation  any  where  the  cause  of  the  oppressed? 
Sympathy  is  awakened  in  another  hemisphere,  watch- 
ing its  every  motion.  Does  the  Cape  De  Verds 
islander  faint  with  hunger?  Benevolence,  on  the 
wings  of  the  “star-crowned  eagle,”  flies  to  the  rehef 
of  a suffering  people,  whence  the  prayer  of  gratitude 
rises  to  heaven,  and  invokes  a blessing  on  the  “ land 
of  Washington.”  Needs  it  an  argument,  then,  to 
prove  how  opposed  to  the  social  relations  of  states. 


150 


CONGRESS  OF  NATIONS. 


58 


war  must  be  1 Has  it  not  ever  stained  the  honor  of 
nations,  and  struck  a fearful  blow  at  their  prosperity, 
by  interrupting  those  relations  of  respect,  aid,  confi- 
dence and  justice,  which  their  conventional  law  with 
so  much  stress  enjoins  upon  them  ? But  this  Con- 
gress is  calculated  to  preserve,  unimpaired,  such  ties ; 
to  strengthen  the  alliance  of  mankind  through  their 
respective  governments,  an  alliance  so  natural,  honor- 
able and  useful ; and  to  enforce  the  injunctions  of  the 
social  law,  while  it  will  form  itself  the  strongest  bond 
of  faith,  justice  and  good-will,  among  the  nations.  It 
is  much  owing  to  this  principle  of  social  relationship, 
that  piracy,  once  lawful,  is  now  esteemed  a “ barbarous 
custom,  from  which  every  just  and  well-governed 
country  ought  to  refrain.”  The  Congress  would 
soon  satisfy  nations  that  the  same  was  true  in  respect 
to  the  custom  of  war,  for  the  same  principle  binds 
them  with  equal  strictness  as  to  every  barbarous 
custom.  With  the  Romans,  the  law  of  nature  was 
JUS  gentium  ; * but  the  whole  history  of  their  political 
existence  shows  how  they  disregarded  its  sacred  obli- 
gations. The  Lacedemonians,  too,  reckoned  peace  in 
the  number  of  public  calamities,  and,  as  the  most 
natural  consequence,  were  finally  devoured  by  the 
fires  which  themselves  had  kindled.  If  war  has 
availed  more  than  every  thing  else  to  create  and  foster 
national  jealousies  and  antipathies,  how,  we  would 
earnestly  ask,  can  it  be  reconciled  with  the  ^^unwersaV^ 
law  of  nations  which  includes,  as  one  of  its  compo- 


* Cicero,  De  Otficiis,  lib.  3,  ch.  v. 


59 


CONGRESS  OF  NATIONS. 


151 


nent  parts,  the  law  of  nature.  The  latter  every  man 
carries  in  miniature  in  his  own  bosom,  observing  it  in 
his  own  self-government.  By  appealing,  therefore, 
to  his  moral  sense,  he  can  discover  if  the  custom  of 
war  is  obligatory  or  at  any  time  expedient.  Certainly 
he  need  take  little  pains  to  satisfy  himself  that  by  the 
social  are  meant  pacific  relations,  requisite  among 
states  by  their  conventional  law. 

The  speedy  establishment  of  this  Congress  is  thus 
Strongly  recommended  by  reason  and  a sense  of 
justice.  Perhaps  enough  has  been  said  on  this  point, 
though  we  have  but  glanced  at  the  present  confusion 
and  contradiction  of  the  law  of  nations.  Why  should 
an  international  code  of  such  a character  remain, 
unimproved  and  almost  unimprovable,  if  war  continue 
to  receive  its  sanction  ? Its  choicest  objects  and  the 
dearest  interests  of  national  care  have  been  too  often 
overlooked  in  political  practice.  All  civil  government 
is  extensively  moral,  the  elements  whereof  were 
engraven  on  the  human  heart  by  the  Author  of  nature, 
and  should  be  in  better  unison  with  the  plan  of  crea- 
tion. But  it  is  a most  melancholy  fact  that  the  sove- 
reignties of  earth  have,  under  the  guidance  of  the 
law  of  war,  been  in  constant  rebellion  against  the 
sovereignty  of  Heaven ! It  might,  therefore,  be  suc- 
cessfully demonstrated,  that  civilized  and  Christian 
countries,  to  say  the  least,  are  morally  bound  to  main- 
tain that  perpetual  pacification  which  this  Congress  is 
designed  to  introduce.  The  idea  of  perpetual  and 
universal  peace  may  have  been  stigmatized  as  a 


152  CONGRESS  OF  NATIONS.  60 

political  dream.*  But,  aside  from  the  scriptural 
assurance  of  such  an  event,  its  approach  in  the  most 
enlightened  portions  of  the  world  hastens  on,  if  there 
be  any  encouragement  to  be  derived  from  certain 
admitted  facts.  It  is,  for  instance,  confessed  that 
some  causes  of  war  have  ceased  to  exist;  that,  on 
many  occasions  of  dispute,  nations  have  needed  and 
will,  therefore,  hereafter  need  some  general  conven- 
tion ; t that  the  parties  themselves,  or  some  interposing 
power,  have  adjusted  by  pacific  decision  some  of  the 
most  violent  and  important  of  international  controver- 
sies ; t and  that  it  would  have  been  better  policy  in 
many  other  cases  not  to  have  resorted  to  measures  of 
active  hostility.  Now  who,  against  the  strength  of  all 
these  propositions,  will  consider  war  either  unavoidable 
or  expedient,  or  question  the  feasibility  of  this  inter- 
national convention,  though  now  for  the  first  time 
distinctly  proposed  ? In  the  fitness  of  things,  what 
more  reasonable  or  practicable  measure  could  be 
proposed  or  adopted  1 Surely  “the  enmity  of  mortals 
cannot  be  eternal,  when  it  causes  torrents  of  blood  to 
flow,  and  reduces  nations  to  despair.”  Well  might 
Sweden  insist  that  governments  have  a right  to 
preserve  peace,^  and  beyond  this  well  might  it  have 
been  proclaimed  their  dutij,  and  for  the  same  all- 
sutficient  reason,  their  duty  as  well  as  right. 

No  model  is  furnished  us  by  history  after  which 


* Azimi,  Vol.  II,  p.  188. 
I Vol.  I,p.  100,  § 7. 


t Vol.  I,  p.  204,  § 14. 
§ Vol.  II,  p.  94,  § 22. 


61 


CONGRESS  OF  NATIONS. 


153 


this  Congress  may  be  copied,  although,  as  we  have 
seen  already,  and  will  presently  appear,  certain  facts 
and  principles  may  be  found,  out  of  which,  like  mate- 
rials scattered  around  the  site  of  an  edifice,  the  most 
beautiful  and  durable  structure  may  be  quickly  raised. 
The  preliminaries  of  the  institution,  by  which  are 
meant  its  external  arrangement,  being  once  agreed,  it 
will  not  wait  long  either  for  a solid  foundation  or  an 
earnest  national  effort,  to  carry  forward  the  work, 
whose  corner-stone  is  justice.  Indeed,  it  is  but 
another  auspicious  circumstance,  that  it  has  no  model, 
since  an  argument  would  in  such  case  have  arisen, 
that  the  plan  of  this  Congress  could  not  succeed 
because  its  prototype  had  utterly  failed.  Other  insti- 
tutions, to  which  we  shall  advert  presently,  partaking 
of  a mixed  judicial  and  political  character,  may  have 
exercised  a larger  but  not  sublimer  or  more  useful 
authority,  nor  yet  one  less  objectionable.  Suppose 
its  specific  duty  and  design,  if  not  its  personal  repu- 
tation, be  anomalous,  the  all-important  and  the  only 
important  inquiry  is,  whether  it  is,  on  the  part  of 
governments  universally,  a safe,  practicable  and  need- 
ful measure.  To  extricate  themselves  from  the  vortex 
of  war  by  a restoration  of  peace,  and  to  perseveringly 
maintain  their  pacific  relations,  even  as  a matter  of 
right,  are  now  incident  to,  and  optional  with,  every 
sovereignty ; of  course  no  new,  dangerous  or  difficult 
power  is  to  be  created,  no  just  power  destroyed  by 
the  Congress.  National  sovereignty  will  remain 
entire  with  as  without  it,  if  it  be  not  the  degree  of 
physical  force  which  constitutes  national  sovereignty, 

90 


154  CONGRESS  OF  NATIONS.  62 

and  certainly  no  man  was  ever  bold  enough,  we  will 
not  say  silly  enough,  to  stake  his  reputation  on  such 
a definition.  The  most  that  can  be  made  or  said 
against  the  power  as  such  to  be  vested  in  the  Congress 
is,  that  it  is  the  same  power  transferred  to  many 
arbitrators  or  negotiators,  as  a court,  which  is  now 
transferred  by  nations  to  a single  arbitrator  or  nego- 
tiator, the  successful  execution  whereof  is  now,  partly, 
perhaps,  on  this  very  account,  so  much  despaired  of, 
that  governments  prefer  to  resort  to  war.  The  com- 
plaint will  be,  then,  of  the  transfer — not  the  power 
itself — but  the  transfer  of  it,  — as  though  the  nations 
did  not  consent  to  that, — as  if  it  were  a loss  of  sove- 
reignty* to  part  with  an  odious  custom,  — as  if  every 
sovereignty  did  not  incur  equal  loss,  if  it  be  a loss  to 
give  up  the  right  to  make  or  carry  on  a war.  Even 
the  political  tyro  knows  that  sovereignty  is  not  only 
an  arbitrary  but  a comparative,  relative,  changeable 
thing.  The  inherent  and  all  other  national  rights  are 
defined,  and  may  be  transferred  or  abandoned,  pre- 
cisely as  they  were  acquired,  by  necessity,  custom, 
convention,  treaty  or  otherwise.  Again,  sovereignty 
is  power  independent  of  superiority.  This  is  the 
common  idea  of  it,  though  not  quite  true  in  fact.  It 
remains  complete  when  it  loses  only  what  is  incom- 
patible with  its  security,  which  is  the  case  before  us. 
During  war  there  is  manifestly  this  insecurity,  and  it 
cannot  then,  by  any  means,  be  independent  of  its 
opposing  sovereignty,  because  the  collision  of  warfare 


Burlamaqui,  p.  263. 


63 


CONGRESS  OF  NATIONS. 


155 


into  which  two  nations  are  hurried,  constitutes  the 
most  desperate  struggle  for  superiority  that  can  be 
imagined.  Never  was  it  supposed,  moreover,  that 
international  compacts  impaired  national  supremacy ; 
so  far  from  it,  they  form  the  best  evidence  of  supreme 
pohtical  power.  This  Congress  is  such  a compact. 
The  power  of  continuing  universal  peace  cannot  now 
be  exercised  for  want  of  concert  among  governments, 
the  very  thing  which  this  measure  is  intended  to 
supply ; and  if  such  power  be  delegated,  that  delega- 
tion is  an  evidence  and  an  act  of  sovereignty.  For 
many  purposes  incidental  to  a just  administration  of 
international  affairs  (without  the  existence  of  the 
Congress),  this  governmental  concert  would  be 
desirable.  While  war  remains  a custom,  sanctioned 
by  law,  a greater  uniformity  of  the  principles  which 
regulate  it  will  be  vainly  sought  for  without  such 
concert,  and  were  these  universally  the  same,  wars 
would  be  very  rare.  But  were  the  principles  of 
international  peace  universally  adopted,  the  unjust 
custom  w'ould  entirely  cease,  and  its  theory  be  soon 
wholly  exploded.  It  is  remarkable,  also,  that  nations 
never  delegate  powers,  unless  they  cannot  satisfactorily 
or  conveniently  exercise  them  themselves,  which  is 
precisely  the  case  with  the  power  in  question.  It 
admits  of  no  reasonable  doubt  that  this  Congress  will 
be  enabled  to  do  what  the  nations,  separately,  could 
not  accomphsh ; that  the  permanency  of  international 
peace  is  an  object  to  the  attainment  whereof  the 
concert  of  states  is  essentially  necessary ; and  that 
this  concert  is  impossible  to  be  otherwise  expected 


156 


CONGRESS  OF  NATIONS. 


64 


than  from  the  establishment  of  some  common  court 
or  Congress  more  efficient  than  is  now  known  to 
diplomacy.  True,  this  concert  is  but  another  name 
for  confederation ; but  how  limited  and  how  safe  will 
be  the  confederation ! The  result  of  the  whole 
measure  seems  no  more  nor  less  than  this, — that  a 
declaration  of  war  will  be  a violation  of  the  law  of 
nations.  This  is  all  the  proposition  amounts  to  which 
is  now  submitted  to  men  and  nations.  Shall  it  be 
adopted  by  theh-  voluntary  compact?  Will  the 
nations  so  far  confederate,  as  to  create  an  agency  or 
Congress  adequate  to  the  settlement  of  theii’  disputes 
with  one  another  so  as  to  prevent  war,  an  agency,  or 
rather  a prerogative,  which  no  nation  possesses. 
They  are  called  on  to  disclaim  the  power  to  levy 
war, — the  Congress  is  to  carry  into  effect  such 
disclaimer  by  its  functions  as  an  arbiter  of  their 
disputes.  The  abolition  of  war  is  properly  the  con- 
sequence of  such  a congressional  confederation,  and 
can  there  be  a more  glorious  consequence  of  human 
policy  ? Should  the  right  to  continue  an  evil  custom 
be  claimed  by  governments,  it  surely  cannot  be  as 
one  of  the  characteristics  of  sovereignty.  But  they 
will  hardly  set  up  any  such  claim,  much  less  for  any 
such  reason.  The  sooner,  therefore,  it  is  distinctly 
disowned,  if  ever  asserted,  the  earlier  they  must 
become  truly  sovereign  and  just,  it  being  their  indis- 
pensable duty  and  sacred  trust,  in  the  exercise  of 
their  high  prerogatives,  to  act  for  the  good  of  the 
state.* 


* Marten’s  Law  of  Nations,  p.  23  et  notis,  and  pp.  47,  81. 


65 


CONGRESS  OF  NATIONS. 


157 


It  is  said,*  “nothing  short  of  the  violation  of  a 
perfect  right  justifies  war,  nor  even  this,  until  pacific 
measures  have  been  in  vain  resorted  to.”  This  doc- 
trine is  asserted  by  all  the  writers  on  the  law  of 
nations,  but  adorns  the  legal  rather  than  the  historical 
page.  The  practice  of  governments  has  not  agreed 
with  it.  Many  tedious  and  destructive  wars  have 
happened,  without  there  being  any  previous  “Just 
cause  of  complaint,”  without  the  “ denial  of  reasonable 
satisfaction,”  and  without  any  other  reason  considered 
by  the  law  a justification.  “The  right  of  making 
war  belongs  to  nations  only  as  the  last  remedy  against 
injustice.”t  And  again,  if  “men  were  always  rational, 
they  would  terminate  contests  by  the  arms  of  reason 
only,”  and  “the  right  of  using  force  belongs  to  nations 
no  farther  than  is  necessary  to  their  defence  and  the 
support  of  their  rights.”!  But  there  have  been  wars 
without  any  definite  knowledge  of  the  cause  of  the 
hostility.  The  peace-treaty  of  Utrecht  determined 
what  were  the  insufficient  grounds  of  war.  The 
“flag  of  truce”  has  often  been  hoisted,  to  permit 
negotiators  to  settle  in  the  heat  of  battle  the  points  at 
issue,  or  offer  terms  of  satisfaction  or  reconciliation. 
Nations,  negotiating  always  by  deputation,  can  at 
their  option  thus  adjust  their  disputes  with  no  limita- 
tion of  cases,  and  when  they  shall  permanently 
adjudge  reason  and  justice  to  be  the  best  means  of 
securing  their  rights,  and  force  the  worst  expedient 


* Marten’s  Law  of  Nations,  p.  273,  and  Azuni,  Vol.  II,  pp.  178,  179. 
t Vattel,  book  3,  ch.  iv,  § 51.  \ Ibid.,  book  3,  ch.  iii,  §§  25, 26. 


158 


CONGRESS  OF  NATIONS. 


66 


to  that  end,  this  Congress  will  be  the  executive  organ 
of  that  adjudication,  entrusted  with  a secondary, 
dependent,  but  never  a paramount  power.  Sove- 
reignty itself  originates  with  the  people,  and  is  there- 
fore but  power  entrusted.  What  is  it  to  the  people, 
as  much  sovereign  with  as  without  such  a Congress, 
to  what  distance  they  trust  the  power  of  preserving 
pecice  and  dispensing  justice  between  their  govern- 
ments, if  only  these  results  can  but  follow,  and  if  they 
now  find  the  power  so  wretchedly  exercised  ? If  as 
averse  to  war  as  tenacious  of  rights,  they  will  feel  as 
strong  a necessity  for  peace  as  for  the  security  of 
their  rights,  and  will  realize  how  these  both  depend 
upon  one  another.  The  great  question  is,  where 
shall  the  responsible  trust  be  deposited,  to  be  most 
effectually  executed  1 As  colonies,  mvested  with 
governmental  powers,  do  not  by  such  investiture 
detract  from  the  power  of  mother-countries, — as  all 
grants  from  the  crown,  on  conditions  expressed  or 
implied,  are  revocable, — so  this  Congress  will  be 
dependent  on  its  national  founders,  consistent  with 
every  sovereign  prerogative,  and  will  exhibit,  as 
arbitration  now  does,  what  is  within  the  authority  and 
attainment  of  governments.  It  results  from  all  national 
compacts,  it  is  implied  in  all  political  acts,  that  the 
state  is  bound  to  exercise  good  faith,  and  never  to 
presume  the  impossibihty  or  impracticability  of  what 
is  most  beneficial  for  the  people. 

It  will  hardly  be  urged  as  an  objection  to  this 
Congress,  that  as  the  highest  court  of  appeal  it  might 
render  inferior  any  other  supreme  tribunal.  Perhaps, 


67 


CONGRESS  OF  NATIONS. 


159 


in  a diplomatic  character,  its  being  necessarily  a court 
of  appeals  may  be  deemed  its  crowning  excellence, 
and  a guaranty  of  its  greater  security  and  success. 
Strictly,  however,  the  appeal  could  come  from  no 
other  court,  for  the  nations,  though  in  some  sort  the 
parties  appellant,  can  in  no  sense  be  called  courts  of 
arbitration.  No  further  remark,  therefore,  need  be 
made  on  this  point,  except  that  it  is  unfortunate,  while 
individuals  find  every  encouragement  to  seek  justice 
from  their  own  country  in  the  sanctuaries  of  reason, 
nations  should  appeal  to  force  for  the  same  precious 
right,  and  what  is  still  worse,  fail  of  obtaining  it  upon 
such  a hazardous  and  fruitless  appeal.  “Human 
wisdom  has  established  tribunals  to  settle  the  con- 
troversies of  individuals,  but  none  have  as  yet  been 
established  with  authority  to  adjust  the  disputes  of 
nations ; their  injuries  and  insults  must,  therefore, 
remain  unrequited,  or  be  avenged  with  blows.”* 

It  has  been  remarked  that  the  institution  proposed 
has  no  pattern  among  political  associations.  The 
Admiralty  resembles  it  in  a single  particular,  that 
being,  according  to  Lord  Mansfield,t  a court  common 
to  all  nations,  wherein  every  nation  is  answerable  for 
marine  injuries.  Here,  then,  it  will  be  observed,  we 
discover  an  universality  of  jurisdiction  — a virtually 
delegated  and  an  appellate  jurisdiction.  Though  a 
“venerable”  tribunal,  which  has  ever  grown  more 


* Gov.  Davis’s  Address  to  the  Massacliusetts  Legislature,  Jan.  2], 
1834. 

t Douglas’s  Reports,  p.  616,  note,  and  Azuni,  Vol.  I,  p.  400,  note. 


160 


CONGRESS  OF  NATIONS. 


68 


brilliant,  it  has  been  the  source  of  injustice,*  so  far  as 
wars  give  it  most  of  its  action,  being  bound  by  the 
laws  of  war,  which  are  a foe  to  the  commercial  inter- 
ests of  nations.  Similar  remark  might  be  made 
respecting  the  ancient  Grecian  Amphictyonic  Council, 
to  which  this  Congress  bears  a faint  resemblance  also. 
That  was  an  institution  common  to  several  states, 
but,  like  the  Admiralty,  its  antiquity  does  not  conceal 
its  warlike  features.  Under  the  existing  system  of 
legalized  war,  the  Council  would  better  succeed  than 
any  international  court  of  amity,  and  by  means  of  the 
latter  the  Admiralty,  necessary  for  other  purposes, 
would  be  shorn  only  of  its  inauspicious  power. 

Both  of  these  tribunals  may  be  termed  effective, 
and  the  same  result  may  be  doubted  respecting  this 
Congress.  But  if  we  are  created  social  beings  in  all 
our  relations,  and  capable  of  political  as  well  as  moral 
improvement,  cannot  one  institution  be  as  efficient  to 
make  us  just,  peaceful,  and  secure  in  our  prosperity, 
as  another  has  been  to  encourage  contention  and 
make  the  boasted  comitij  of  nations,  which  would 
balance  the  scales  of  justice  over  the  civilized  world, 
a mere  by-word  and  temporizing  policy.  If  the 
moral  and  political  progress  of  man  be  a truth,  along 
which  stand  up,  in  strength  and  beauty,  a thousand 
monuments  of  reform,  the  tyranny  of  custom,  that 
mightiest  of  modern  oppressions,  must  eventually  be 
destroyed.  The  enmity  of  nations  has  too  often 
reduced  them  to  despair,  and  caused  too  much  blood 


* Azuni,  Vol.  II,  pp.  22,  23. 


69 


CONGRESS  OF  NATIONS. 


161 


to  flow.  This  will  change  their  policy.  The  battle- 
slain  are  beginning  to  be  regarded  as  martyrs  to  a 
political  delusion.  Modern  virtue,  having  learned  the 
salutary  lesson  that  war  is  the  height  of  national  des- 
peration, would  disdain  to  exemplify  such  martyrdom, 
considering,  as  it  does, 

“ The  glory  of  one  fair  and  virtuous  action- 
Worth  all  the  escutcheons  on  our  tomb, 

Or  silken  banners  o’er  us.” 


The  military  age  and  the  profession  of  arms  are  much 
more  circumscribed  than  formerly.  In  that  momentous 
contest,  now  agitating  the  nations  and  spreading  from 
man  to  man,  between  the  surviving  grievances  of 
despotic  times  and  the  spirit  of  reform,  every  move- 
ment of  the  friends  of  order,  liberty  and  justice  is 
auspicious  to  the  reign  of  universal  and  perpetual 
peace. 

We  are  not  disposed  to  enter  the  list  or  break  a 
lance  with  the  civilian,  who  stoically  doubts  much  and 
denies  more  when  overmastered  by  his  fears.  On 
the  one  hand,  it  is  every  where  said,  that  society  is 
incapable  of  acting  for  itself  in  the  mass,  and  must, 
therefore,  delegate  all  power  to  a limited  number  of 
rulers ; while,  on  the  other,  all  political  assemblies  are 
decried  as  the  most  objectionable  of  all  expedients  to 
administer  pubhc  affairs.  This  is  another  specimen 
of  the  inconsistency  of  the  law  of  nations  in  its  prin- 
ciples. But,  setting  aside  the  incongruity  of  these 
two  positions,  and  forbearing  to  avail  ourselves  of  the 
universality  of  the  former  of  them  as  an  argument  for 


21 


162 


CONGRESS  OF  NATIONS. 


70 


this  Congress,  how,  it  may  be  inquired,  are  mankind 
to  be  governed  at  all,  if  they  neither  can  act  for 
themselves  nor  be  well  governed  by  those  to  whom 
they  are  obliged  to  entrust  their  common  political 
interests  1 None  will  believe  the  world  would 
“advance  in  the  voyage  of  happiness,”  if  left  “at 
large  on  the  stream”  of  government,  nor  that  “assem- 
blies instituted  for  the  purpose  of  adjusting  differences 
between  district  and  district  should  be  as  rare  as 
possible,”  as  if  they  were  fearfully  impracticable.* 

The  character  of  the  proposed  court  of  nations  is 
a subject  of  grateful  anticipation.  It  is  a reasonable 
and  fair  rule  to  judge  of  the  character  of  any  assem- 
bly by  the  description  of  its  duties.  To  examine, 
discuss,  adjust  or  determine  international  claims, 
grievances  and  differences,  subjects  always  delicate 
and  complicated,  will  constitute  the  peculiar  and 
responsible  office  of  this  institution.  The  perform- 
ance of  such  duties  requires  the  highest  confidence 
and  authority  to  ensure  satisfaction.  Its  decisions 
Avill  go  to  form  the  universal  law  of  nations.  Its 
faithfulness  to  its  trust  as  a common  arbiter  will  be 
steadily  and  anxiously  watched.  It  necessarily, 
therefore,  must  be  distinguished  for  its  individual  and 
collective  wisdom  and  integrity ; otherwise  nations 
would  hazard  their  honor  and  the  people  fail  of 
obtaining  justice  by  their  appeal  to  it.  Not  that  it 
should  consist  of  crowned  heads,  in  which  case  its 
ability  would  depend  upon  chance ; but  of  those 


* Godwin’s  Political  Justice,  ch.  xxiii. 


71 


CONGRESS  OE  NATIONS. 


163 


master-spirits  whose  influence  and  character  in  tlie 
political  world  are  the  pride  and  support  of  their 
respective  governments.  Monarchs,  moreover,  are 
never  permitted  to  leave  their,  thrones,  to  dispense 
justice  abroad.  But  were  sovereigns  to  be  associated 
with  men  inferior  only  in  title,  the  lustre  of  royalty 
could  no  where  be  magnified  more  than  amidst  such 
a congregation  of  illustrious  and  magnanimous  men 
as  should  compose  this  Congress.  It  is,  indeed,  in 
council  that  royalty,  in  a better  sense  than  outv/ard 
pomp,  dazzles  the  subject,  and  when  there  present 
by  deputation,  according  to  modern  diplomacy,  its 
dignity  seems  not  the  less  fully  represented.  How 
worthy  of  human  confidence  a convention  presenting 
those  imperishable  names  which  elevate  humanity 
itself,  of  which  all  are  proud,  the  ornaments  of  king- 
doms, empires  and  republics, — the  Solons,  Ciceros, 
Justinians  of  olden  time, — the  Mansfields,  Washing- 
tons, Wilberforces  of  modern  eras.  They  seem  to 
belong  to  every  age.  They  are  the  disciples  of  the 
great  and  good  who  preceded  and  the  patterns  of 
those  who  follow  them  in  the  cause  of  human 
improvement;  and  in  this  Congress  a succession  of 
wisdom  and  philanthropy  like  this  would  be  the 
admiration  of  the  world,  a spectacle  of  moral  power 
truly  magnificent,  gathered  to  preserve  the  rights  and 
relations  of  nations  and  settle  the  law  of  their  recip- 
rocal justice  and  mutual  action ! And  it  is  quite  time 
this  law  was  settled,  uniform  and  known.  No  two 
civilians  agree  to  any  great  extent.  Positions  are 
assumed  with  which  justice  cannot  be  reconciled. 


164 


CONGRESS  OF  NATIONS. 


72 


Of  all  jurisprudence,  that  which  is  international  is  the 
most  fluctuating  and  inconsistent.  At  present  no 
nations  can  have  much  if  any  interest  in  negotiations, 
except  the  parties  adopting  that  mode  of  adjusting 
their  disputes.  If  it  be  important  and  useful  that 
every  government  should  be  interested  and  share  in 
transactions  affecting  and  indeed  establishing  inter- 
national law,  this  Congress  will  peculiarly  serve  so 
desirable  an  object.  If  it  has  ever  been  the  chief 
desideratum  and  aim  of  the  law  to  be  universal,  this 
happy  effect  must  proceed,  to  be  ever  realized  at  all, 
from  some  more  decided  and  expressive  action  than 
the  variable  policy  of  disunited  governments  can  pro- 
duce ; in  short,  from  some  such  Congress  as  is  now 
under  consideration.  Its  decisions  and  decrees, 
spread  before  the  world,  would  not  be  made  in  vain, 
but  become  precedents  in  the  code  of  justice,  fraught 
with  the  strongest  sanctions  of  equity. 

In  “ Marten’s  Law  of  Nations,”  translated  by 
Cobbett,  will  be  found  a list  of  diplomatic  negotia- 
tions, covering  a period  of  fifty  years.  In  glancing 
over  that  or  any  similar  summary,  some  idea  may  be 
obtained  of  the  duties  and  powers  of  this  Congress. 
For  without  doubt  precedents  for  its  observance 
would  be  made  of  Avhat  had  been  justly  done  by 
pacific  international  agencies  of  every  description. 
The  Congress  Avould  not  commence  its  functions 
without  chart  or  compass.  It  would  seem,  if  any 
permanent  good  had  resulted  from  war,  it  certainly 
was  only  to  be  found  in  those  treaties  of  peace  which 
cost  the  nations  so  much  blood  and  treasure,  the 


73 


CONGRESS  OF  NATIONS. 


165 


calamitous  custom  thus  conducing  at  last,  in  an 
unforeseen  incident,  to  its  own  ultimate  prevention. 
This  is  a ground  of  no  small  congratulation  to  the 
human  race.  But  should  at  any  time  former  pacific 
conventions,  as  far  as  conformable  to  the  object  of  this 
institution,  or  precedents  which  it  shall  itself  establish 
with  national  approbation,  or,  generally,  should  the 
just  principles  of  all  good  government  be  disregarded 
and  violated  by  the  Congress,  this  might  be  all  pro- 
vided against  in  its  original  constitution,  by  the 
periodical  appointment  of  its  members  or  non-rati- 
fication of  its  acts  by  the  appointing  powers.  Its 
character,  however,  will  not  lead  any  to  presume  such 
an  event  or  such  wanton  faithlessness.  Nothing  but 
the  most  desperate  intrigue  could  move  its  members 
to  acts  of  corruption  and  injustice,  and  even  that  base 
inducement  would,  after  the  most  transient  triumph, 
gain  nothing.  Yet,  after  all,  in  the  event  of  entire 
failure  on  the  part  of  the  Congress, — an  event  almost 
impossible,  be  it  through  its  own  maladministration  or 
for  any  other  reason, — the  nations  will  surely  be  in  no 
worse  situation  than  they  now  are.  They  can  but 
return  to  their  present  futile  and  miserable  expedient 
of  Avar,  and  devote  themselves  with  increased  vigor,  if 
they  will,  to  the  lawful  and  just  work  of  human 
destruction  ! Seeing  no  reason,  therefore,  to  despair, 
but  the  amplest  encouragement  to  anticipate  the  suc- 
cess of  the  institution  when  once  established  by  the 
nations,  we  may  hail  with  no  ordinary  enthusiasm 
their  emancipation  from  war,  and  expect  that 
new  magnet  charta  of  international  law,  whose  illimit- 


166 


CONGRESS  or  NATIONS. 


74 


able  effect  shall  be  the  peace  of  the  world  foretold  by 
its  Messiah ! 

The  quaUfications  of  membership  in  the  proposed 
Congress  readily  suggest  themselves  do  every  mind. 
Perhaps  no  body  of  men  have  ever  been  more  dis- 
tinguished and  on  that  account  efficient,  than  ministers 
plenipotentiary,  who  always  represent  national  charac- 
ter. Of  such  men  the  Congress  may  safely  be 
composed,  — men  whose  statesmanship  is  directed 
by  the  unerring  lights  of  justice  and  the  Constitution, 
whose  erudition  and  philanthropy  are  devoted  to  the 
improvement  of  society  and  the  promotion  of  rational 
liberty,  esteeming  all  men  brethren  and  all  nations  as 
one  great  political  and  social  family.  For  the  station 
of  an  international  negotiator,  statesmanship  and 
philanthropy  of  such  a liberal  description  are  indis- 
pensably requisite,  demanding  as  it  does  the  most 
comprehensive  mind  and  incorruptible  heart ; in  short, 
those  only  to  perform  its  services  whom  nature  des- 
tined for  noblest  purposes  by  furnishing  them  superior 
moral  and  intellectual  power,  and  whom  opportunity 
has  instructed  in  all  the  complex  science  of  human 
government  from  the  municipal  to  the  international. 
The  best  mental  capacity  has  always  been  assigned 
the  post  of  ministering  for  national  peace.  Lilce  a 
resplendent  sun,  then,  may  this  Congress  be  viewed, 
around  which  the  nations  will  be  attracted  to  move  in 
harmony.  To  an  eminence,  thus  figuratively  and 
briefly  pointed  out,  it  seems  essential  that  this  insti- 
tution should  be  elevated,  if  its  permanency  and 
eliiciency  are  desired.  Its  foundation  should  mani- 


75 


CONGRESS  OF  NATIONS. 


167 


festly  be  broad,  deep,  strong  and  liberal,  in  the 
respect  and  affection  of  mankind,  or  it  would  not 
long  continue  to  be  the  ark  of  national  confidence 
and  safety.  Nothing  in  all  political  history  has 
accomplished  more  for  human  happiness  and  national 
prosperity,  than  the  modern  pacific  policy  of  govern- 
ments. It  is  a policy  free  from  narrow  prejudices, 
adapting  itself  to  popular  exigences,  able  to  stand  in 
the  severest  crises,  winnowing  from  public  opinion 
whatever  may  nourish  the  body  politic  or  augment 
the  general  good.  It  is  a policy  which  regards  justice 
as  the  only  proper  guide  or  object  of  civil  power,  and 
looks  with  a parental  favor  on  the  free  institutions  and 
benevolent  enterprises  of  the  age.  Such  and  coex- 
tensive should  be  the  invariable  policy  of  the  Congress, 
pursued  for  the  all-sufficient  reason  that  it  is  preferable 
to  any  other.  Indeed,  any  other  would  impair  its  true 
character,  and  frustrate  its  grand  design.  Such  a 
policy  deserves  all  confidence,  as  springing  from  a 
spirit  of  reciprocal  good-will,  so  necessary  and  bene- 
ficial between  the  Congress  and  the  nations — the 
negotiators  and  the  parties  in  interest.  It  consists 
precisely  with  the  neutral,  impartial  character  of  an 
umpire.  The  Congress,  whenever  or  wherever  con- 
vened, will  at  any  rate  be  at  an  inaudible  distance  from 
the  spirit  of  party,  which  is  always  local  or  limited,  if 
not  transient.  The  most  glorious  object  will  there 
present  itself  that  can  engage  any  deliberative  con- 
vention, to  excite  the  eloquence,  benevolence  and 
patriotism  of  its  members.  The  obligations  to  be 
discharged  by  them  will  be  as  extensive  as  can  possi- 


168 


CONGRESS  OF  NATIONS. 


76 


bly  be  conceived,  embracing,  indeed,  the  human  race. 
Their  responsibility  will  also  be  common  and  equal. 
In  the  double  capacity  of  philanthropists  and  national 
legislators,  they  will  have  a common  interest,  each 
member  being  always  mindful  that  the  principle  and 
precedent  he  would  establish  will  be  of  universal 
application,  and,  therefore,  that  what  he  does  for  the 
rights  of  other  nations,  however  remote,  is  something 
done  for  his  own  constituent  country. 

It  may  be  said,  that  nations,  like  individuals,  are 
jealous  of  superiority,  and  indignant  at  rebuke.  The 
French  never  could  brook  England’s  claim  to  be  mis- 
tress of  the  ocean  and  seas,  and  England  has  watched 
the  title  of  royalty  with  the  same  acrimonious  spirit. 
But  bold  pretensions  and  fearful  threatenings  are 
often  mere  fashionable  political  expedients.  Should 
the  Congress  give  such  a decision  of  a conflicting 
international  claim  submitted  to  its  adjustment,  as  will 
curb  the  pride,  excite  the  jealousy  or  indignation, 
impair  the  strength,  or  even  define  the  rights  of  any 
nation,  the  institution  may  nevertheless  stand.  The 
severity  of  a decision  would  not  prove  its  error,  but 
would  evince,  rather,  the  firmness,  the  integrity, 
the  impartiality,  and,  so  far  as  these  go,  the  just- 
ness of  that  decision.  Many  decisions  of  such  a 
court  may  be  conceived  of,  not  only  humbling  to  one 
nation,  but  highly  advantageous  to  another  and  per- 
haps the  feeblest  power  in  the  scale  of  sovereignties. 
But  by  voluntarily  submitting  to  its  arbitration,  the 
humiliation  on  the  one  hand  and  the  advantage  on 
the  other  will  be  to  the  respective  governments  the 


77 


CONGRESS  OF  NATIONS. 


169 


inevitable  consequences  of  their  own  acts.  Besides, 
the  very  same  consequences,  since  there  can  be  but 
one  victorious  belligerent  party,  now  result  from  a 
submission  to  force  of  arms,  instead  of  arbitration. 
The  act  of  submission  to  this  Congress  renders  it 
improbable  that  the  decisions  will  be  nugatory,  because 
made  in  reference  to  the  justice  and  merits  of  the 
cases,  rather  than  the  pride  or  pretensions  of  any 
nation. 

It  has  been  already  hinted  that  the  Congress  should 
be  a representative  convention,  and  it  will  hardly  be 
objected  that  it  cannot  adequately  represent  nations, 
and,  therefore,  must  fail  to  adjust  disputes,  the  par- 
ties being  so  powerful.  The  representative  system 
strengthens  more  than  any  thing  else  the  American 
Union.  It  is  involved  in  every  negotiation  that  now 
occurs  between  governments.  Its  superiority  over 
other  modes  of  constituting  assemblies  consists  in  the 
selection  of  the  best  men  to  act  for  their  constituents, 
and  it  always  collects  that  integrity  and  mature  wisdom 
which  cannot  be  expected  from  any  other  system.  It 
is  an  element  of  political  society  peculiarly  favorable 
to  peace.  The  object  of  the  proposed  Congress, 
however,  is  not  to  be  accomplished  by  numbers.  Any 
idea  that  the  nation  having  the  largest  representation 
would  possess  an  undue  influence  in  this  convention, 
or  be  safest  from  oppression,  seems  to  be  a mere 
suggestion  of  fear.  An  unequal  representation  could 
only  be  deemed  necessary  on  the  ground  of  unequal 
national  rank,  which  is  always  a fluctuating,  pretended, 
uncertain  and  conventional  thmg.  But  no  national 

92 


170 


CONGRESS  OF  NATIONS. 


78 


discrimination  can  be  necessary  or  useful  in  reference 
to  this  institution,  and,  indeed,  might  lead  to  great 
mischief.  It  would,  perhaps,  be  too  much  of  a reflec- 
tion on  the  honor  itself  of  nations  to  fix  by  their  rank 
their  several  representations,  before  they  could  be 
supposed  satisfied  that  their  rights  were  safe.  Besides, 
if  numbers  are  to  affect  at  all  this  institution,  why  do 
we  not  now  see  the  number  of  diplomatic  agents 
proportioned  to  national  rank  7 An  equal  represent- 
ation seems  to  be  recommended  by  the  fact  that  every 
member  of  the  Congress  will  have  the  same  object, 
duty  and  responsibility  ; and  it  is  further  necessary,  in 
order  to  preclude  the  evil  effects  of  that  very  inequality 
which  may  be  urged  as  the  ground  for  a proportional 
representation.  There  would  be  no  feature  in  the 
institution  more  popular  than  that  each  delegate  must 
act  with  the  same  object  in  view  and  be  under  the 
same  responsibility  as  if  he  were  a solitary  diplomatic 
minister.  Certainly,  if  the  representation  were  equal, 
it  would  be  safe,  which  is  more  than  can  be  said  of 
that  which  should  be  unequal.  Some  may  desire  it 
to  be  indiscriminate,  on  the  ground  that  the  institution 
will  belong  to  no  particular  country  or  government, 
but  will  be  one  in  which  all  men  have  an  interest. 
But  that  philanthropist  must  be  overmastered  by  his 
enthusiasm,  who  supposes  the  representation  to  such  a 
convention  as  is  here  advocated  ought  not  to  be  con- 
fined to  national  bounds,  and  this  for  reasons  the 
most  obvious.  If  it  be  equally  or  otherwise  divided 
among  the  nations,  the  Congress  will  unquestionably 
be  composed  of  the  greatest  and  best  men.  Indeed, 


79 


CONGRESS  OF  NATIONS. 


171 


if  indiscriminate,  it  could  scarcely  with  any  propriety 
be  termed  any  representation  at  all. 

It  may  be  taken  for  granted,  then,  that  whatever 
be  the  basis,  ultimately,  of  this  representation,  there 
will  be  no  spii’it  of  national  rivalship  to  mar  the 
sublimity  of  the  institution  or  destroy  its  usefulness. 
Party  feeling  and  intrigue,  incident  to  other  popular 
assemblies,  are  obviously  unfavorable  to  international 
harmony,  and  if  actuated  by  that  cabalistic  disposition 
which  these  excite,  the  Congress  would  dissolve  its 
disorganizing  self.  But  its  members  are  to  assemble 
in  no  other  character  than  as  the  friends  of  peace,  not 
as  contentious  politicians  who  may  form  the  basest 
coalitions,  but  cherishing  a spirit  of  mutual  justice  and 
concession,  and  convoked  only  to  act  as  a court  of 
justice  and  equity  Avhich  is  least  apt  to  catch  the  zeal 
of  the  partisan,  or  rush  into  violent  measures.  The 
French,  the  English  and  the  American  ambassador, 
sitting  side  by  side,  will  have  a common  object,  desii’e 
and  duty.  Whether  the  Congress  be  viewed  as  an 
international  judiciary,  or  a diplomatic  legislature,  there 
can  be  no  danger  from  its  power ; when  we  feel  the 
absolute  necessity  and  propriety  of  that  power ; nor 
can  it  be  an  inexpedient  tribunal,  if  we  find  so  much 
to  admire  and  desire  in  it.  On  the  various  questions 
submitted  to  its  cognizance,  questions  peculiarly  refer- 
able to  the  deliberate  judgment  of  the  great  and 
good  of  all  nations  rather  than  to  force  of  arms, 
doubtless  an  entire  unanimity  of  opinion  will  be  as 
rare  as  in  other  conventions.  But  if  it  would  reap 
the  concurrence  of  governments  in  its  decrees,  the 


172 


CONGRESS  OF  NATIONS. 


80 


field  of  arbitration  must  not  be  sown  with  partiality 
or  corruption.  To  do  evil  may  not  be  in  its  power, 
but  to  be  of  any  benefit,  it  will  not  overstep  its 
jurisdiction,  or  run  wild  with  a discretionary  power. 

In  view  of  the  character,  then,  of  this  Congress,  it 
is  readily  seen  to  be  a popular  institution.  Not  that 
the  mass  of  the  people  are  to  shape  its  course,  or 
regulate  its  movements.  If  it  were  not  removed 
from  the  uncertain  and  conflicting  influences  of 
popular  clamor  and  excitement,  the  very  things  it 
should  constantly  guard  against,  it  would  soon  lose 
its  self-respect  and  an  independence  essential  to 
it.  Were  its  members  to  act  a part  exclusively 
national,  devoting  themselves,  indissolubly,  to  sepa- 
rate interests,  avoiding  all  concert  as  arbitrators,  the 
noble  design  of  the  institution  could  in  no  way 
be  more  successfully  frustrated,  its  usefulness  would 
at  once  come  to  an  end,  and  its  energies  be  all 
misapplied ; for  it  would  effect  only  disunion,  distrust 
and  discontent  among  its  members  and  the  nations, 
and  there  would  be  as  many  powerless  cabals  in 
its  very  midst  as  there  were  nations  represented. 
Empowered  in  the  cause  of  humanity,  amenable  to 
the  respective  governments  for  the  manner  in  which 
its  trust  is  executed,  it  will,  to  be  of  any  use,  or  to 
exist  at  all,  form  one  illustrious  tribunal  united  to 
prevent  war — united  to  administer  justice — united 
to  establish  what  may,  indeed,  be  called  the  universal 
law  of  nations.  Let  it  adhere  to  the  single  object  of 
preserving  international  peace  and  adjusting  interna- 
tional disputes  without  the  aid  of  war,  and  it  will, 


81 


CONGRESS  OF  NATIONS. 


173 


there  can  be  no  question,  be  popular  enough  to  secure 
the  favor  of  men  and  the  support  of  empires.  If  the 
“most  formidable  enemy  of  the  public  good  be  des- 
potism,” war  is  that  enemy ; and  it  is  the  most  absurd 
of  aU  theoretical  pretensions  to  eulogize  the  evil  as  a 
restraint  upon  despotism,  when  it  is  the  most  powerful 
instrument,  in  fact,  of  misery  wielded  by  the  iron  hand 
of  despotism.  But  let  this  Congress  act  tyrannically, 
what  an  example  would  it  set  of  misrule ! How  soon 
would  it  be  discredited  as  an  irremedial  institution, 
defeating  its  design  and  losing  the  popular  confi- 
dence ! Division  and  strife  would  arise  in  the  very 
temple  of  international  union,  peace  and  justice. 

It  is  still  questio  vexata,  among  pohticians,  how  far 
in  any  case  representatives  are  bound  by  the  will  of 
their  constituents.  Such  an  inquiry  in  reference  to 
this  Congress  would  be  foreign  to  the  merits  of  our 
subject,  and  of  httle  practical  use.  Perhaps  the 
national  or  the  popular  will,  or  both,  ought  not  to 
govern  further  than  as  a channel  of  information. 
Implicit  obedience  to  these  instructions,  which  are 
always  to  be  taken  with  much  allowance,  would  result 
in  continual  disagreement,  while  their  total  disregard 
might  be  equally  fatal  and  injurious.  If  foreign  min- 
isters cannot  now  act  out  of  their  instructions,  which 
are  generally  very  liberal,  or  if  they  should  depart 
from  them  entirely,  what  international  dispute  could 
ever  be  adjusted  1 Moreover,  it  might  be  forbidden 
the  representatives  of  the  nations  directly  interested 
in  a decision  to  vote.  But  the  influence  of  popular 
sentiment  upon  the  Congress  would  be  to  some  extent 


174 


CONGRESS  OF  NATIONS. 


82 


practicable,  and  cannot,  we  believe,  be  a reasonable 
ground  of  fear,  since  international  negotiation  has 
always  been  conducted  on  a broad  discretion  vested 
in  the  diplomatic  agent  with  safety,  and  more  or  less 
subservient  to  the  public  will.  Certainly  no  question 
will  be  so  prematurely  settled  by  the  Congress  as  to 
exclude  the  due  and  safe  influence  of  the  people,  nor 
need  it  be  imagined,  on  the  contrary,  that  the  people 
rather  than  the  court  will  either  decide  or  prevent  a 
decision  in  any  case. 

As  a popular  feature  of  this  institution,  the  requi- 
sition, either  of  a two-third  or  a majority  vote,  should 
be  insisted  upon  in  its  preliminary  arrangement.  At 
least,  nothing  short  of  a majority  vote  would  probably 
give  satisfaction,  or  be  the  means  of  a final  pacific 
adjustment  of  any  dispute.  No  friend  of  rational 
liberty  or  philanthropist  too  highly  values  the  majority 
above  the  plurality  principle.  It  was  the  first  element 
of  freedom  which  our  pilgrim  ancestors  consecrated 
in  this  new  world.  It  should  be  the  very  last  to  be 
undervalued.  To  an  American,  it  is  the  very  key- 
stone of  all  free  institutions.  This  Congress  should 
be  a popular  institution, not  so  much  from  the  mode  of 
electing  its  members  which  may  be  adopted  by  the 
respective  nations,  as  from  the  principles  on  which  its 
decrees  shall  be  based.  As  representatives  of  nations, 
and  through  them  of  the  people,  their  election  may 
be  considered  sufficiently  popular.  Involved  in  their 
private  business,  the  people,  indeed,  would  be  the 
poorest  judges  of  diplomatic  talents,  and  while  they 
have  confidence  in  the  Congress,  considering  it  an 


83 


CONGRESS  OP  NATIONS. 


175 


institution  essential  to  their  happiness  and  affecting 
their  national  character  for  justice,  they  will  willingly 
depute  the  power  of  appointment  to  those  constitu- 
tional bodies  which  are  so  much  better  qualified  to 
appoint.  They  surely  can  risk  nothing,  for  they  are 
ever  too  watchful  of  their  interests,  and  will,  having 
approved  the  object  and  powers  of  the  Congress,  be 
ready  to  defend  or  cause  to  be  removed  those  who 
exercise  those  powers,  the  powers  themselves  being- 
circumscribed  and  revocable.  Their  respective  gov- 
ernments, then,  without  objection,  may  appoint  the 
members,  and  still  the  practical  effect  of  their  decisions 
in  Congress  assembled  be  popular  by  the  adoption  of 
certain  rules  of  procedure,  or  a constitution,  which 
shall  be  a check  upon  national  intrigue. 

It  is  not  be  feared  that,  if  based  upon  a foundation 
popular  as  far  as  practicable,  the  Congress  will  possess 
or  acquire  an  authority  paramount  to  sovereign  power, 
overshadowing  majesty  itself,  or  too  large  for  national 
safety.  It  must  respect  the  supremacy  of  those 
governments  by  whom  its  own  agency  is  called  for 
and  defined,  and  by  whose  independent  consent  it 
was  created.  It  will  not  have  sprung  into  existence 
like  governments.  Unlike  them,  it  will  be  subject  to 
that  overruling  power  which  now  rejects,  confirms, 
recommits  or  concludes  any  act  or  subject  matter  of 
diplomacy.  With  any  hope  of  success,  then,  how 
can  it  do  violence  to  national  or  popular  confidence  1 
What  possible  advantage  would  it  gain,  nay,  what 
self-annihilation  would  it  not  effect,  by  exceeding  or 
corruptly  administering  the  powers  granted  to  it,  or. 


176 


CONGRESS  OF  NATIONS. 


84 


SO  to  speak,  by  transcending  the  object  of  its  mission 
colliisively  or  otherwise  1 Perhaps,  indeed,  as  a 
necessary  consequence  of  its  establishment,  and  cer- 
tainly it  can  be  provided  by  previous  compact,  or  form 
a part  of  its  constitution,  that  there  should  be  as 
many  checks  on  its  abuse  of  power  as  there  were 
nations  parties  to  the  congressional  compact. 

It  has  been  said  that  war  was  not  justifiable  as  the 
means  of  preserving  the  balance  of  power  among 
nations.  If  wars  have  constantly  threatened,  unbal- 
anced and  destroyed,  the  powers  of  European  gov- 
ernments, can  it  be  objected,  with  the  slightest 
appearance  of  truth,  that  this  Congress  will  have 
that  effect?  Is  not  this  balance  insecure  under 
the  war-policy  ? Will  it  be  equally  insecure  under 
an  international  peace-establishment?  How  these 
opposite  conclusions,  are  arrived  at  is  as  inconceivable 
as  it  is  how  this  institution  will  interfere  at  all  with  the 
international  balance  of  power.  To  preserve  such 
balance  will,  eo  nomine,  form  no  part  of  the  congress- 
ional jurisdiction,  and  for  the  very  best  reason  that 
this  provision  were  entirely  unnecessary,  since  the 
continual  equilibrium  of  sovereignties  would  be  the 
sure  result,  though  indirectly  or  incidentally,  of  the 
pacific  adjustment  of  their  disputes.  This  balance 
may  be  fairly  anticipated  to  be  a restraint  upon  the 
Congress  and  a sort  of  landmark  to  direct  it.  Sup- 
pose all  nations  at  peace  with  one  another.  How 
shall  this  confessedly  desirable  state  of  national  pros- 
perity be  preserved  ? By  strife,  or  by  a friendly 
association?  While  the  political  world  is  at  peace 


85 


CONGRESS  OF  NATIONS. 


177 


the  nations  are  enjoying  and  have  acquired  a balance 
of  power,  if  ever.  It  will  not  be  contended,  it  never 
was  deliberately  believed,  that  a state  of  war  had  any 
other  tendency  than  to  disarrange  this  balance,  if 
not  destroy  it,  by  accumulating  power  for  the  most 
successful  belligerent  party. 

The  civilians  have  much  to  say  of  the  balance  of 
power.  It  originated  when  the  house  of  Austria  and 
the  king  of  France  aimed  at  such  a monopoly  of  power 
as  would  have  established  an  universal  monarchy.  So 
much  dreaded  was  this  all-grasping  object,  that  ever 
since  the  sixteenth  century,  a balance  of  power  has 
been  assiduously,  though  with  many  interruptions, 
maintained  in  Europe.  Again,  — “Europe  forms  a 
political  system  connected,  and  not  as  anciently,  a 
confused  heap  of  detached  pieces.”  We  are  told  by 
one  writer,  that  “the  period  most  favorable  to  human 
happiness  will,  unquestionably,  be  that  of  the  general 
pacification  of  Europe;”*  and  we  read  in  another 
book  of  authority!  that,  among  other  things,  “perpet- 
ual negotiations  make  Europe  a kind  of  republic,  the 
members  of  which,  though  independent,  unite,  through 
ties  of  common  interest,  for  the  maintenance  of  order 
and  liberty,”  thus  preserving  a “political  equilibrium 
or  balance  of  power.”  We  see,  then,  that  aspiring 
ambition  is  under  national  “watch  and  ward,”  that 
confederacies  (and  this  Congress  is  a confederacy) 
are  best  adapted  to  make  head  against  the  assumption 
of  power.  Learned  men  differ  as  to  the  necessity. 


* Azuni,  Vol.  II,  p.  187. 


23 


f Vattel,  book  3,  ch.  iii,  § 47. 


178 


CONGRESS  OF  NATIONS. 


86 


lawfulness  and  utility  of  the  balance  of  power  in 
Europe,  it  having  cost  so  much  mischief,  often  serving 
to  veil  court  intrigues  and  to  establish  still  more  firmly 
a continental  despotism.  But  as  one  nation  cannot 
extend  its  power,  perhaps,  without  prejudice  to  some 
other,  the  necessary  vigilance  to  prevent  and  the 
requisite  power  to  remedy  such  national  encroach- 
ments or  trespasses,  should  be  embraced  by  the 
functions  of  this  Congress. 

The  event  of  an  “universal  monarchy”  has  been  a 
subject  of  considerable  fear  among  civilians ; and  it  is 
said  that  Christian  nations  need  take  but  one  step  to 
become  such.  What  expedient,  so  much  dreaded, 
is  to  effect  this  result,  cannot  easily  be  imagined,  and 
certainly  is  no  where  told  us ; nor  do  we  think  that 
the  present  state  of  Christendom  authorizes  the  fear 
of  any  coalition  or  usurpation,  any  aim  of  ambition  or 
union  of  governments  for  some  specific  purpose, 
which  is  at  all  likely  to  bring  about  such  a result. 
Governments  have  united  even  for  the  purpose  of 
putting  an  end  to  some  war,  but  the  tendency  to  their 
consolidation  in  this  step  was  not  thought  of.  The 
umpirage  constituted  to  act  for  them  has  never  been 
so  constituted  as  to  ensure  or  deserve  success ; and 
this  is  the  most  material  point  of  all.  We  say,  then, 
that  universal  monarchy  w^as  never  further  off  than  at 
this  moment,  and  they  may  alone  dread  its  approach 
who  can  see  the  slightest  reason  to  expect  it.  At 
any  rate,  governments,  we  doubt  not,  were  never 
more  disposed  than  now  to  maintain  their  indepen- 
dence and  individuality,  and  they  are,  by  the  nature  of 


87 


CONGRESS  OF  NATIONS. 


179 


the  case,  antagonist  powers,  wholly  unlikely  to  unite 
as  one  sovereignty.  Certainly  the  step  to  be  taken 
by  nations  to  destroy  their  independence  will  not 
consist  in  the  establishment  of  such  a common  insti- 
tution as  this  Congress.  The  Congress  will  be  a 
court  0/  justice  for  all  nations  and  a national  agency. 
As  far  as  a war- system  allows,  governments  have  now 
such  a court,  and  employ  such  an  agency.  Where 
is  the  danger,  then,  of  universal  monarchy?  The 
Congress,  in  respect  to  jurisdiction  or  power,  cannot 
be  made  to  appear  what  any  potentate  or  royal  house, 
ab  urbe  condita,  has  aspired  after.  Indeed,  were  any 
thing  opposed  to  the  idea  of  universal  monarchy  by 
sea  or  land,  it  would  seem  to  be  an  institution  amen- 
able to  the  governments,  representing  them,  depen- 
dent on  them,  its  members  often  changed,  its  power 
delegated,  limited  and  revocable.  The  German  con- 
federacy for  commercial  privileges  shows  the  wise 
policy  of  governments  in  uniting  to  secure  a common 
object. 

Admitting  it  practicable  and  necessary  to  establish 
the  proposed  Congress,  it  becomes  material  to  inquire 
how  it  will  enforce  its  stipulations.  Indeed,  this  is  the 
very  hinge  on  which  its  usefulness  or  efficiency  turns. 
Its  stipulations,  then,  will  be  of  binding  force  upon 
the  nations,  for  they  will  have  bound  themselves  to 
ratify  and  enforce  them  by  the  act  of  their  national 
association,  an  association  equal  in  point  of  obligation 
to  any  alliance  or  league  ever  consummated,  having 
always  for  its  objects  the  prevention  of  desolating 
wars  and  the  security  of  national  rights.  If  any 


180 


CONGRESS  OF  NATIONS. 


88 


decision  be  the  result  of  deception  and  error,  the  right 
of  review  should  be  given.  These  great  and  noble 
objects  nothing  short  of  natmial  faith  could  possibly 
accomplish,  and  this  faith,  says  the  historian,  Hume, 
“is  pledged  to  respect  the  rules  of  justice  prevalent 
among  individuals.”  It  is  this  faith  which  gives 
treaties  their  elfect,  and  without  which  they  would  be 
nullities.  In  truth,  this  faith  must  form  the  grand 
security  that  the  Congress  will  not  act  in  vain ; and 
not  the  least  happy  consequence  of  the  institution 
will  be,  that  it  will  make  all  the  nations  allies  which 
enter  into  the  pacific  compact  and  stand  pledged  to 
support  it. 

The  character  of  the  Congress  with  its  object  will 
very  much  tend  to  enforce  its  stipulations.  Were  it 
self-constituted,  like  other  conventions  which  have 
miserably  failed  to  do  any  good,  this  could  not  be 
expected.  But  every  intelligent  citizen,  every  orderly 
subject,  will  be  disposed  to  cooperate  with  it,  esteem- 
ing it,  as  they  cannot  fail  to  do,  another  safeguard 
against  foreign  aggressions  and  the  great  fountain- 
head of  national  peace  and  justice.  The  Christian 
community  will  hail  it  as  the  harbinger  of  that  peace 
which  is  to  extend  over  Christ’s  earthly  kingdom. 
They  who  once  settled  their  religious  differences  by 
the  fagot  and  the  sword,  long  ago  abandoned  such  a 
preposterous  arbitration,  for  the  gentle  and  pacific 
methods  of  persuasion  and  conference.  The  violent 
and  bloody  baronial  wars  of  Europe  have  long  since 
also  ceased,  and  the  barons,  abolishing  the  custom  of 
war,  preferred  the  common  tribunal  of  their  national 


89 


CONGRESS  OF  NATIONS. 


181 


government  to  adjust  their  disputes.  The  delusion  is 
fast  vanishing,  that  large  communities  may  dispense 
with  those  moral  obligations  which  rest  on  individuals. 
The  Amphictyonic  Council  of  Greece  possessed  no 
authority  but  that  which  flowed  from  its  personal 
character,  and  “when  that  political  machine  became 
simple,  the  voice  of  reason  was  sure  to  be  heard ; an 
appeal  by  the  assembly  to  the  several  districts  would 
not  fail  to  obtain  the  approbation  of  all  reasonable 
men,  unless  it  was  made  in  such  a questionable  shape 
as  rendered  it  desirable  that  it  should  prove  abortive.” 
Mankind  will  value  a pacific  international  court  as  a 
common  blessing.  The  “redeeming  spirit”  that  is  in 
the  midst  of  the  people,  the  feeling  of  pride  to 
applaud  the  best  qualities  of  the  human  mind,  to 
respond  to  every  philanthropic  effort,  and  encourage 
the  progress  of  an  elevated  patriotism, — these  will 
maintain  any  pohtical  institution  calculated  to  divest 
men  of  wild  passion  and  governments  of  an  unjust 
spirit.  Such  an  institution  will  manifestly  exist  in  this 
Congress,  commanding  for  its  wisdom  and  integrity, 
sublime  and  immensely  useful  in  point  of  jurisdiction, 
and  highly  popular  in  its  constitution.  Even  the 
unlettered  are  in  advance  of  all  others  at  this  moment, 
in  the  boldness  and  perseverance  with  which  they 
seek  for  national  reform.  Think  you  they  will  stand 
in  opposition  to  the  brilliant  design  of  this  grand 
establishment  of  peace  and  justice  ? Are  the  people 
so  fool-hardy  throughout  Christendom  as  not  to  con- 
fide in,  approve  and  perpetuate  a measure  of  such 
vast  national  aggrandizement  and  popular  happiness  1 


182 


CONGRESS  OF  NATIONS. 


90 


They  will  have  no  reason  to  suspect  it  a delusive 
political  project,  or  a dream  of  the  misguided  visionary. 
Unfortunately,  men  have  had  reason  to  regard  the 
interests  of  rulers  and  the  ruled  as  opposed,  and, 
therefore,  to  suspect  the  former  were  often  advanced 
under  color  of  the  latter,  and  at  the  sacrifice  of  the 
public  good.  If  the  stipulations  of  this  court  of 
nations  were  at  any  time  unjust,  unnecessary,  or  the 
offspring  of  favoritism  or  corrupt  compromise,  war 
would  not  be  needed  to  make  them  void,  and  if  just 
and  necessary,  they  will  prevail  against  all  the  unjust 
opposition  of  the  violent.  The  institution  ought  not 
to  be  founded,  if  it  cannot  be  so  constituted  as  to 
merit  the  confidence  and  ensure  the  greatest  good  of 
the  human  race.  It  must  be  upheld  hy  public  opinion, 
or  it  cannot  be  efficient.  This  is  indispensable  to  its 
success.  What  public  opinion  is  and  has  been,  in 
reference  to  this  great  plan  of  national  reform,  is  but 
another  form  of  inquiring  what  the  condition  of  men 
is  and  has  been  in  reference  to  it ; and  here  we  may 
confidently  rest,  as  on  the  strongest  ground  for  belief 
in  the  ample  success  of  the  Congress. 

No  general  connection  existed  among  European 
nations  until  the  Romans  subjected  them  to  their 
dominion.  By  the  adoption  of  Romish  laws  and  by 
the  influence  of  Christianity,  this  connection  was 
strengthened,  and  during  the  limitless  ascendency  of 
the  church,  Europe  seems  to  have  been  but  one 
society  of  unequal  members,  one  universal  monarchy, 
at  least  in  spiritual  matters.  But  it  at  length  shook 
olf  this  subjection.  The  pope’s  anathema  and  the 


91 


CONGRESS  OF  NATIONS. 


183 


civil  power  were  at  fearful  defiance  of  each  other.  If 
the  earth  had  been  filled  with  violence,  national, 
ecclesiastic  and  barbarian, — if  the  light  of  the  human 
intellect  had  been  nearly  extinguished  and  the  spirit 
of  human  enterprise  paralyzed, — the  long,  dark, 
calamitous  period  was  followed  by  a reformation 
which  will  end  only  with  time  itself.  Emerging  from 
centuries  of  misery,  ignorance,  superstition  and  des- 
potism, the  nations  were  as  unsettled  as  the  sea  over 
which  the  storm  has  just  passed,  and  if  in  any  thing 
it  is  in  this  circumstance  alone  that  a justification  can 
be  imagined  for  the  useless,  frequent,  protracted  and 
numerous  wars  of  modem  times.  We  believe,  then, 
the  gloomy  records  of  the  past  remain  to  guide 
nations,  and  to  direct  mankind  to  a happier  destiny. 
The  spirit  of  reform  will  not  longer  suffer  that  awful 
farce  to  be  reacted.  Justice  is  to  succeed  to  war. 
Resemblance  in  manners  and  religion — learning’s 
escape  from  monkish  cells,  and  its  diffusion  abroad  — 
invaluable  discoveries  in  every  department  of  human 
action — commercial  intercourse — international  nego- 
tiation— blood-ties  between  monarchs,  and  the  proper 
influence  of  the  female  character  on  man, — these, 
together  with  the  warning  voices  of  history  and  the 
precepts  of  Christianity,  have  wonderfully  changed  the 
human  condition.  These  have  quickened  the  steps  of 
that  mightiest  of  armies  whose  standard  is  reform  ! 
These  have  opened  the  prospect  even  of  perpetual 
and  universal  peace.  For  they  have  multiplied  and 
strengthened  the  social  relations  of  governments, 
making  them  pacific,  instead  of  jealous  and  quarrel- 


184  CONGRESS  OF  NATIONS.  92 

some  neighbors.  How  else  can  we  account  for  that 
magnanimous  course  of  policy  which  has  made  the 
continent  of  Europe  so  generally  recoil  from  war  as 
from  a pestilence,  for  many  years  past?  How  else 
can  we  account  for  that  European  neutrality  which, 
for  its  long  continuance  and  present  existence,  is  with 
some  a matter  of  wonder  ? What  mighty  revolutions 
have  occurred  within  a few  years,  and  yet  how  has 
the  general  anticipation  of  a continental  war  been 
disappointed  ? Lo ! but  three  days  will  suffice  the 
enthusiastic  French  to  accomplish  the  glorious  political 
change  from  despotism  to  liberty ! Thirteen  hundred 
French  wars  * are  indeed  regarded  but  as  so  many 
monuments  of  national  desperation.  The  present 
prosperity,  national  strength  and  prospects  of  the 
United  States  and  of  other  countries  may  be  well 
ascribed  to  a long-continued  neutrality.  The  evidence 
is  abundant  that  governments  are  spendthrifts  when 
they  go  to  war  on  popular  credit,  and  it  matters  not 
whether  the  cause  of  the  war  be  a point  of  honor  or 
the  attainment  of  some  right,  provided  a right  can  be 
secured  without  physical  force.  But  the  same  reasons 
which  convince  men  to  live  in  peace  as  one  another’s 
friends,  also  prove  that  governments  should  be  united 
by  pacific  ties  and  political  obligations.  It  is  said, 
“the  sympathy  between  nations  at  the  present  day  is 
such,  that  the  injury  produced  by  war  to  the  industry 
of  the  belligerent  parties  affects  that  of  all  other 


* This  number  lately  computed  by  a French  economist,  from  the 
origin  of  the  French  monarchy. 


93 


CONGRESS  OF  NATIONS. 


185 


nations,” — commerce  closely  connects  civilized  nations 
and  supplies  their  reciprocal  wants  which  make  them 
dependent  on  each  other.  If  they  are  interested  in 
the  general  dissensions,  they  must  be  more  anxious  to 
preserve  a general  pacification. 

The  glory  of  a nation  consists  in  its  character  and 
reputation.  Let  justice  and  moderation  reign,  and  the 
nation  is  not  less  respected  by  the  universe  than 
glorious!  These  admitted  truths  prove  that  public 
sentiment  has  changed  its  tone  and  would  induce 
governments  to  change  their  policy  toward  each  other. 
The  plough  left  to  rust  in  the  furrow  by  a drum- 
delighted  yeomanry,  can  such  an  event  honor  civil 
society  any  more  than  benefit  it  ? Does  not  peace 
strengthen  government?  The  review  of  the  past 
may  well  make  nations  desire  to  atone  in  the  future 
for  their  miserable  errors.  Their  career  is  too  much 
blood-stained  thus  far  to  suffer  them  to  rush  madly 
on.  The  “signs  of  the  times”  give  the  most  cheering 
encouragement  to  the  proposed  Congress.  Even  the 
Ottoman  Porte,  which  “has  ever  given  an  example  of 
moderation  to  the  more  civilized  nations  of  Europe,”* 
though  long  alienated  from  them,  not  long  since  bound 
itself  by  a pacific  and  commercial  treaty  with  the 
world,  calculated  to  strengthen  the  bonds  of  national 
friendship.  It  was  a memorable  admission,  and, 
therefore,  more  conclusive  than  any  argument  which 
could  be  offered,  that  unchristian  nations  see  their 


* Azuni,  Vol.  II,  p.  163. 


24 


186 


CONGRESS  OF  NATIONS. 


94 


advantage  and  honor  exist  in  sustaining  the  most 
pacific  relations  towards  other  governments. 

If  the  age  in  which  we  live  is  remarkable  in  any 
respect,  it  is  in  the  regeneracy  of  men  and  nations 
from  the  slavish  influence  of  antiquity  and  custom. 
In  every  relation  of  life,  the  people  are  seeking  to 
elevate  and  improve  their  condition.  The  attempt,  on 
the  part  of  government  to  drive  them  from  their  pur- 
pose, would  be  set  down  as  an  act  of  tyranny.  So 
far  as  they  have  been  led  to  examine  the  subject  of 
war,  especially  in  reference  to  this  Congress,  they  are 
ready  to  admit  that  mind  is  stronger  than  the  sword 
— that  knowledge  is  the  power  of  powers — that  the 
world  has  had  enough  of  warriors  — and  that  reason 
and  virtue  have  been  long  enough  subordinate  to 
the  reckless  and  revolting  passion  of  martial  glory. 
The  question  which  comes  home  to  every  man’s 
bosom  with  renewed  effect  as  often  as  it  is  repeated, 
is,  “ What  great  military  name  compares  with  Burke, 
Wilberforce,  Howard  or  Brougham  1 ” Scarcely  an 
institution  of  recent  origin  can  be  found  which  admits 
the  rude  and  arbitrary  maxims  of  ancient  systems. 

A liberal  policy,  more  in  unison  with  the  natural 
constitution  of  civil  society,  enriches  and  beautifies 
government,  and  this  has  resulted  from  events  and 
efforts  of  preceding  ages,  which,  wavelike,  have  borne 
to  us  new  political  privileges  and  immunities,  intro- 
ducing a new  order  of  things  and  opening  a new  path 
for  the  moral  energies  of  man.  Truly,  if  the  pros- 
pect of  the  age  be  a consequence  of  its  retrospect, 
the  blessing  of  permanent  and  universal  peace  may 


95 


CONGRESS  OF  NATIONS. 


187 


be  transmitted  to  the  next  generation  as  the  most 
glorious  memento  of  ourselves.  If  the  measm'es  of 
government  are  now  examined  by  the  light  of  expe- 
diency and  constitutionality,  let  no  one  say  that  this 
Congress  can  never  be  founded,  or,  if  so,  can  never 
be  efficient.  If  pubhc  opinion,  that  lever  which  moves 
the  world, — if  the  welfare  of  men,  that  chief  object  of 
all  government, — require  and  favor  it,  its  estabhshment 
and  success  are  quite  certain.  Nor  let  it  be  doubted 
that  the  reformers  of  this  age  can  accomplish  the 
work  when  it  is  remembered  “ the  rise  and  the  fall  of 
nations  have  been  owing  to  individual  effort.”  The 
civil  law  itself,  by  which  governments  would  regulate 
their  relations,  is  very  much  more  than  is  commonly 
supposed  the  work  of  the  civilian.  Has  not,  too, 
piracy  become  felony,  and  the  slave-trade  an  “inhuman 
outrage  ? ” This  was  not  so  once.  What  but  reason 
has  wrought  out  this  change  of  public  opinion,  and 
who  are  endowed  with  that  heaven-born  faculty  but 
men  1 Already  and  to  a wide  extent  a correspondent 
feeling  exists  among  men  in  different  parts  of  the 
world  on  the  subject  of  war,  and  hardly  will  that 
enlightened  individual  be  found,  true  to  his  country, 
his  own  well-being,  and  to  his  God,  who  would  not 
by  the  united  effort  of  nations  prevent  for  ever  the 
recurrence  of  that  general  calamity ! 

The  Peace  “ Society,”  which  has  mainly  effected 
a revolution  of  public  opinion  on  the  subject  of  war,  is 
an  institution  comparatively  recent  in  origin.  It  has 
maintained  that  life  and  the  rights  of  men  were  too 
sacred  to  be  victims  of  political  injustice,  and  men  have 


188 


CONGRESS  OF  NATIONS. 


96 


believed  this  fundamental  truth.  It  has  maintained 
that  war  has  wholly  failed  as  the  means  of  adjusting 
international  differences,  and  all  who  have  given  a 
little  impartial  consideration  to  this  proposition  have 
believed  it  also.  It  now  offers  the  political  world  a 
substitute  for  this  grossest  of  customs,  in  the  form  of  a 
Congress  of  nations  to  act  as  their  common  umpire. 
If  its  expediency  and  utility  be  admitted,  if  it  be  a 
feasible  and  necessary  measure  of  national  policy,  its 
efficiency  seems  to  follow  almost  as  a matter  of  course. 
If  public  opinion  favor,  as  far  as  it  can  be  collected, 
the  institution  of  the  Congress,  it  will  have  the  strength 
of  that  opinion  to  support  its  stipulations.  The  prin- 
ciples advanced  by  the  American  peace  societies  are 
taking  deep  and  permanent  root  in  the  minds  of 
people  and  rulers.  They  are  translated  into  the 
German,  Spanish,  Dutch,  French  and  Italian  lan- 
guages. Intelligent  and  influential  men  in  Great 
Britain,  France  and  other  countries,  have  established 
similar  societies  with  the  same  grand  objects  in  view. 
Able  writers  have  made  deep  impressions  on  the 
public  mind.  The  French  king  not  long  since  replied 
to  a deputation  of  the  Corps  Diplomatique  that  he 
would  “ strive  to  secure  to  France  and  to  Europe  the 
consolidation  of  the  great  boon  of  a general  peace  as 
the  main  groundwork  of  civilization.”  Had,  indeed, 
every  city,  town  and  village  as  many  active  as  they 
have  passive  friends  of  this  measure,  or  was  every 
man  faithful  to  his  philanthropy,  his  patriotism  and  his 
religious  principles,  the  temple  of  international  peace 
and  justice  would  rise  as  if  by  enchantment.  When 


97 


CONGRESS  OF  NATIONS. 


189 


this  Congress  shall  be  established, — when  men  and 
governments  shall  in  good  earnest  seek  the  boon  of 
permanent  peace,  — • then,  and  not  till  then,  may  they 
expect  the  safety  and  realize  the  full  value  of  their 
rights  and  liberties.  War  cannot  now  be  easily 
declared,  because  the  people  have  found  that  the 
proceeds  of  their  industry  and  enterprise,  and  aU  the 
endearing  ties  of  social  and  civil  hfe,  are  exposed  to  its 
depredation  and  sacrilege.  The  great  and  leading 
object  prevailingly  influencing  the  civilized  world  is 
the  development  of  the  resources  of  each  country. 
The  war-cry  is  almost  inaudible,  for  it  does  not  sum- 
mon the  people  to  their  true  interests,  nor  remind 
them  of  their  true  glory.  The  cry  is  “ Improvement 
and  Reform,”  all  over  Christendom,  and  nothing  can 
be  suggested  more  opposed  to  these  than  war.  The 
influence,  too,  of  intriguing  political  leaders  is  dimin- 
ishing, while  the  people,  left  to  think  for  themselves, 
act  more  for  themselves,  by  their  own  energies,  against 
which  all  other  power  is  weakness,  becoming  political 
reformers.  The  world  is  not  yet  and  (if  the  attempts 
of  ambition  prove  it)  never  will  be  conquered  by  arms. 
That  insatiable  ambition  which  could  weep  that  there 
were  no  more  kingdoms  to  subdue,  was  the  very  height 
of  political  or  rather  military  insanity,  and  no  better 
commentary  on  the  utter  folly  of  war  could  have  been 
handed  down  to  us.  It  was  in  view  of  his  own 
extravagant  and  colossal  ambition,  that  Napoleon 
predicted,  amidst  the  confusion  of  battles,  “ that  while 
the  name  of  Washington  would  be  endeared  to  the 
latest  posterity,  his  own  would  be  lost  in  the  vortex  of 
revolutions.” 


190 


CONGRESS  OF  NATIONS. 


98 


But  it  may  still  be  asked,  What  will  become  of  this 
Congress,  formed  as  it  will  be  by  and  in  fact  consti- 
tuting a compact,  if  from  disaffection  any  nation  shall 
recede  therefrom  1 Making  alhes  of  all  the  parties,  it 
will  be  a solemn  compact  not  to  be  broken  on  slight 
grounds.  But  let  it  be  optional  with  each  party  to 
secede  if  the  stipulations  of  the  Congress  are  unjust. 
In  this  event,  the  institution  can  accomplish  nothing,  and 
least  of  all  any  mischief.  If  the  decision  of  a dispute 
be  unjust  only  in  view  of  one  of  the  parties,  it  need 
not  follow  that  the  secession  of  the  single  dissatisfied 
nation  dissolves  or  defeats  the  congressional  compact 
as  to  the  other  parties.  It  is  not  and  ought  not  to  be 
in  the  power  of  one  government  to  deprive  others  of 
their  diplomatic  privileges.  This  alliance  once  formed 
should  be  unlike  other  political  connections  or  confed- 
eracies which  one  detached  link  breaks  asunder. 
There  will  remain  sufficient  capacity  in  the  Pacific 
League  after  such  a secession,  to  carry  forward  its 
great  objects,  and  sufficient  power  to  triumph  over 
any  partial  discontent.  F or  what  can  any  seceder  do 
against  wjiat  may  be  called  the  law  of  nations?  The 
vital  interests  of  government  and  the  good  of  the 
people  will  be  involved  in  the  alternative  of  submis- 
sion (according  to  the  engagement  of  the  refractory 
nation),  or  resorting  to  arms.  The  latter  course 
would  not  be  taken,  as  we  may  reasonably  presume, 
inasmuch  as  it  will  bring  dishonor  on  the  seceder,  by 
a violation  of  its  faith,  and  greater  discontent  and  ill 
success  on  its  own  subjects. 

Again ; it  will  be  every  nation’s  advantage  to 


99 


CONGRESS  OF  NATIONS. 


191 


become  interested  in  the  success  of  the  Congress  and 
to  form  part  of  the  confederacy  of  peace.  Every 
nation  would  be  on  that  account  better  respected  by 
others,  whether  unchristian,  uncivilized,  or  not.  To 
associate  with  the  confederated  governments  will 
evince  a pacific  and  just  disposition,  while  secession 
would  disfranchise  a country  from  the  establishment  of 
the  law,  and  might  deprive  it  of  the  enjoyment  of  the 
rights,  of  nations.  This  effect  cannot  be  considered 
as  coercion,  but  it  certainly  amounts  to  strong  induce- 
ment to  join  the  league  and  submit  to  the  umpirage  of 
the  nations. 

Finally, — no  good  reason,  perhaps,  exists,  why  this 
Congress  may  not  be  empowered  to  enforce  its  stipu- 
lations by  some  system  of  forfeitures  or  disabilities 
visited  on  the  nation  which  shall  violate  its  obligations 
under  the  compact,  or  by  any  compulsory  measures 
short  of  war.  For  it  must  not  be  forgotten  that  the 
institution  represents  the  nations ; and  they  in  fact 
will  be  bound  to  see  its  stipulations  executed  even  by 
compulsion.  How  can  any  infringement  of  the  inter- 
national compact  be  prevented  or  remedied,  save  by 
national  authority  exercised  by  the  nations  or  the 
Congress  in  whose  pro  hac  vice  it  is  vested  ? Nor  is 
it  difficult  to  imagine  what  description  of  forfeitures  or 
disabilities  short  of  actual  war  would  effect  this  object. 
They  may  consist  in  national  outlawry  of  some  kind, 
— humiliating  censures, — blockades, — captivity  of  sub- 
jects wherever  found, — nonintercourse,  and  a variety 
of  acts  productive  of  national  embarrassment  and 
pressing  heavily  on  the  enterprise  of  the  factious 


192  CONGRESS  OF  NATIONS.  100 

country.  The  law  of  nations  speaks  with  commenda- 
tion of  such  punishments  among  nations  now  resorted 
to.  “It  is  not  always  necessar'y”  (we  heheve  it  never 
is)  “ to  have  recourse  to  arms,  in  order  to  punish  a 
nation ; the  offended  may  take  from  it,  by  way  of 
punishment,  the  privileges  it  enjoys  in  his  dominions, 
seize,  if  he  have  an  opportunity,  on  some  of  the  things 
that  belong  to  it  and  detain  them  till  it  has  given  him 
a just  satisfaction.”*  But  whatever  the  system  of  com- 
pulsion or  punishment  may  be,  there  is  no  doubt  that 
without  bloodshed  the  object  of  the  institution  pro- 
posed could  be  carried  into  entire  effect.  It  is  to  be 
viewed  in  the  light  of  a preventive  and  conciliating 
rather  than  an  arbitrary  confederacy  which  the  nations 
are  urged  to  form, — a Court  of  intercession  whose 
stability  and  success  will  depend  on  the  degree  of 
national  confidence  reposed  in  it  and  national  support 
given  to  it.  Perhaps,  however,  compulsory  measures 
or  a system  of  punishment  would  not,  after  all,  con- 
duce to  the  permanency  or  success  of  the  institution. 
We  know  there  is  nothing  of  the  kind  at  present 
incident  to  international  diplomacy  which  is  neverthe- 
less successful.  Their  practicability  or  necessity  will 
depend  very  much  on  the  extent  of  power  entrusted 
by  the  nations  to  their  Congress.  They  may,  perhaps 
with  more  propriety  and  effect,  reserve  to  themselves 
the  enforcement  of  its  stipulations,  the  Congress  being 
the  judicial  and  themselves  the  executive  department 
in  the  confederacy.  The  internal  commotion  and 


Vattel,  Book  II,  ch.  xviii,  § 340. 


101 


CONGRESS  OF  NATIONS. 


193 


disaffection  of  that  country  which  should  array  itself 
against  the  just  decisions  of  this  common  impartial 
umpire,  would  soon  coerce  it  to  a pacific  obedience. 
The  only  reason  why  there  should  be  any  disabilities 
inflicted,  or  coercion  applied,  to  make  a government 
acquiesce  in  the  decrees  of  the  Congress,  seems  to  be 
that  they  now,  as  measures  adopted  in  wars,  force 
nations  to  sue  for  peace ; and  something  of  the  kind 
might  be  agreed  upon,  which  would  serve,  after  the 
establishment  of  the  Congress,  to  insure  respect  and 
submission  to  its  judgments.  But  it  should  be  re- 
membered, that  the  case  we  have  been  considering  of 
hostihty  to  a decision  of  this  umpire,  is  not  a case  of 
manifest  injustice  done  by  that  decision.  That  is  not 
a case  at  all  likely  to  occur.  Injustice  may  be  done 
in  many  ways  ;*  but,  unless  “ palpable  and  evident,” 
the  nations  should  submit.  Their  law  now  declares 
that,  “in  all  cases  susceptible  of  doubt,”  a sentence 
duly  passed  by  a foreign  tribunal  should  be  acqui- 
esced in.”  The  law  of  nations  prescribes  to  different 
states  a reciprocal  respect  to  the  jurisdiction  of  each, 
“ and  it  is  highly  suitable  to  their  repose,  and  their 
duty  with  respect  to  human  society,  for  nations 
to  oblige  their  subjects  in  all  doubtful  cases  to  submit 
to  foreign  sentences.” 

During  the  first  years  of  its  existence,  the  Congress 
may  not  entirely  succeed ; for  war  may  not  always  be 
prevented.  This  might  be  naturally  expected  of  an 
untried  course  of  national  policy,  and  is  incident  to  all 


* Vattel,  Book  3,  ch.  xviii,  § 350. 

25 


194 


CONGRESS  OF  NATIONS. 


102 


new  establishments.  Diplomacy,  however,  and  the 
progress  of  civilization,  united  with  the  influences  of 
Christianity,  have  removed  many  causes  of  war,  or 
rendered  many  insufficient  and  improbable.  Govern- 
ments are  more  disposed  for  the  future  to  take  safe 
counsel  from  the  past.  Temporal  and  spiritual  do- 
minion no  longer  give  occasion  for  deadly  strife.  No 
new  worlds  can  be  discovered  for  the  conflicting 
claims  of  sovereignty.  Legitimate  succession, — inter- 
national rights, — the  relations  of  states  — are  better 
defined.  Aboriginal  wars  have  as  rapidly  dwindled 
in  number  as  the  aborigines  themselves.  Liberty 
and  liberal  policy  are  strongly  enthroned  in  the 
governments  of  the  Old  World,  after  a few  desperate 
but  glorious  struggles.  The  institution  of  this  Con- 
gress will  add  to  their  stability.  If  France,  England 
and  the  United  States  alone,  should  first  unite  to 
establish  it,  who  will  doubt  the  effect  of  their  example 
upon  the  rest  of  Christendom  and  the  world  ? Such  a 
powerful  commencement  of  the  work  as  either  two  of 
those  countries  would  make,  would  be  a sufficient 
earnest  of  its  consummation.  In  speaking  of  the 
means  of  securing  the  adoption  of  a new  maritime 
code,  Azuni  recommends,  from  former  experience, 
the  union  of  several  respectable  powers,  giving  an  in- 
stance of  the  effect  of  a good  example, — the  union  of 
three  second  rate  maritime  powers  in  1782, — as  if  by 
a similar  coalition  chiefly,  the  solemn  establishment  of 
commercial  rights  was  to  be  ever  procured.*  Can 


* Vol.  II,  p.  189,  and  note  p.  192. 


103 


CONGRESS  OF  NATIONS. 


195 


this  Congress  be  thought  a distant  event,  when  the 
governments  of  the  earth  shall  seek  to  prevent  war  as 
the  greatest  national  calamity  ? And  what  will  prevent 
it  but  a common  court  of  arbitration  1 It  is  repugnant 
to  the  best  and  fundamental  principles  of  good  gov- 
ernment, and  national  justice  and  glory, — repugnant 
to  the  laws  of  nature  and  to  reason.  The  law  of  na- 
tions, we  have  seen,  needs  revision  and  reform  ; the 
Congress  is  peculiarly  suitable  to  accomplish  this 
object,  and  is  in  complete  unison  with  the  sacred  prin- 
ciples of  justice.  We  know  the  present  extent  of 
power, — the  popularity, — the  success  of  diplomacy. 
These  can  all  be  increased  by  this  measure.  With 
the  people  interested  in  its  favor,  what  prevents  na- 
tional faith  from  being  pledged  for  its  support  1 And 
when  both  of  these  conspire  together  to  make  the 
Congress  efficient,  who  will  doubt  its  permanency  or 
universality?  The  present  state  of  the  world  has 
nothing  in  it  to  frighten  nations  away  from  the  meas- 
ure, and  public  sentiment  is  daily  waxing  stronger 
in  its  favor,  and  calling  louder  for  its  adoption. 

The  security  of  government,  the  prosperity  of 
mankind, — these  are  superior  to  a name  or  a power 
at  which  the  world  might  tremble.  Men  are  breth- 
ren, but  the  rivalship  of  sovereignties  has  made  them 
enemies.  “The  more  accurately,”  says  one,  in 
the  spirit  of  truth,  “ we  discern  our  own  interest 
as  nations,  the  less  shall  we  be  disposed  to  disturb 
the  peace  of  our  neighbors.”  War — it  is  the  gov- 
ernment and  the  deluded  people  run  mad ; it  is  a 
scene  where  the  tragic  actors  stand  armed  to  murder 


196 


CONGRESS  OF  NATIONS. 


105 


their  species  on  the  score  of  state-reasons.  No, 
they  are  not  human  reasons,  but  reasons  of  state, — that 
invisible  fiction,  the  state,  in  contradistinction  to  man. 
For  man  is  interested  as  well  in  the  political  justice 
as  in  the  happiness  of  his  species.  What  man  does 
not  instinctively  shudder  at  a custom  so  full  of  injustice, 
crime  and  misery?  But  Peace  — that  is  a positive 
state,  producing  among  nations  a system  of  reciprocal 
benevolence.  It  is  their  happiest  and  most  glorious 
era.  Compare  it  with  war;  contrast  the  blessing 
with  the  curse.  Christians,  — philanthropists,  — men 
of  enterprise  and  public  spirit, — statesmen,  — ye  who 
rule  and  who  are  ruled, — we  invoke  you,  be  ye  poor 
or  rich,  baseborn  or  noble,  peasant  or  prince,  to 
examine  with  the  faithful  impartiality  it  demands,  and 
to  aid  with  all  the  energy  of  mind  and  soul  it  claims, 

the  CAUSE  OF  INTERNATIONAL  JUSTICE  AND  PEACE. 


ESSAY 

ON  A 

CONGRESS  OF  NATIONS, 


FOR  THE  ADJUSTMENT  OF  INTERNATIONAL  DISPUTES,  AND  FOR  THE 
PROMOTION  OF  UNIVERSAL  PEACE,  WITHOUT 
RESORT  TO  ARMS. 


By  M 


I 


I' 


• . 1V‘  I 


.•?  , 


ESSAY. 


The  idea  of  introducing  a state  of  uninterrupted 
peace  among  the  nations  of  the  earth,  has  not 
unfrequently  been  regarded  as  altogether  extravagant 
and  absurd.  That  kings  should  ever  be  induced  to 
strip  themselves  of  the  most  conspicuous  insignia  of 
monarchical  power — that  rival  and  jarring  states 
should  suddenly  smother  the  hereditary  animosities, 
the  national  feuds,  the  hostile  rancor,  that  have 
kindled  their  strifes  for  ages,  and  spontaneously 
substitute  sentiments  of  fraternal  kindness  and 
Christian  philanthropy — that  restless  and  aspiring 
individuals,  for  whose  ear  the  trump  of  warlike  glory 
swells  with  the  sweetest  eloquence,  should  wilhngly 
exchange  what  has  long  been  deemed  the  loftiest 
pursuit  of  honorable  ambition,  for  a state  of  pacific 
obscurity  and  inglorious  quiet — are  anticipations 
thought  to  be  only  engendered  among  the  wildest 
dreams  of  the  visionary,  or  the  most  irrational 
extravagances  of  the  fanatic.  When,  therefore,  an 
association  of  individuals  seriously  undertake  to 


200 


CONGRESS  OF  NATIONS. 


4 


accomplish  an  object  seemingly  so  impracticable, 
the  experienced  politician  is  apt  to  regard  their 
efforts  with  ridicule — the  unthinking  multitude  with 
incredulous  contempt. 

But  a more  thorough  acquaintance  frequently 
induces  us  to  regard  with  respect  projects  which, 
upon  a cursory  examination,  seemed  most  unequiv- 
ocally ridiculous.  The  efforts  of  the  Peace  Society, 
at  first  glance,  may  seem  directed  to  an  end 
altogether  unattainable ; but  a closer  survey  of  the 
grounds  of  their  hope  will,  I am  confident,  convince 
any  unprejudiced  mind  that  its  friends  have,  at  least, 
some  plausible  prospect  of  success.  To  such,  then,  I 
would  make  the  ardent  request,  that  they  would 
candidly  examine  our  plans,  and  objects,  and  expec- 
tations. The  subject  is  well  worthy  a liberal  and 
thorough  examination.  We  have  engaged  in  one  of 
the  most  humane  undertakings  that  ever  elicited  the 
exertions  and  aspirations  of  philanthropy.  If  we  fail, 
the  disappointment  is  our  own ; the  world  can  receive 
no  detriment  from  our  exertions,  however  unsuccess- 
ful. But  if  we  succeed,  — if  our  efforts  for  ameliorating 
the  lot  of  humanity  are  triumphant, — what  a fountain  of 
the  bitterest  woes  will  be  dried ! what  rivers  of  blood 
will  cease  to  deluge  and  destroy  the  choicest  of 
human  bliss ! how  will  the  heart  of  philanthropy 
exult,  and  what  a smile  of  unmingled  delight  will 
kindle  over  the  face  of  a suffering  and  desponding 
world ! That  a foul  stigma,  which  for  so  many  ages 
has  defaced  the  annals  of  humanity,  should  be  wiped 
away — that  man  should  cease  to  follow  the  fratricidal 


5 CONGRESS  OF  NATIONS.  201 

example  of  the  first  of  sons  and  of  murderers — that 
he  should  lay  aside  his  cannibal  ferocity,  which,  unlike 
that  of  the  wild  beast,  is  turned  against  his  own  race 
and  kindred  — that  infancy,  and  age,  and  feminine 
helplessness  should  for  ever  hereafter  repose  in  safety 
— that  our  flocks  should  feed  on  their  green  hills  in 
quiet,  and  the  smoke  of  our  cottages  still  curl  on  the 
peaceful  breeze — that  these  sights  should  hereafter 
present  themselves,  instead  of  the  butcheries,  the 
havoc,  the  conflagration  of  war,  is  an  object  well 
worthy  the  most  devout  and  unwearied  efforts  of 
every  friend  of  human  honor  and  human  happiness. 
Great  God!  is  such  an  expectation  a chimera,  the 
creature  of  a duped  and  sickly  imagination  ? Are  the 
efforts  which  aim  thus  at  the  exaltation  and  blessed- 
ness of  the  human  race  inspired  alone  by  folly  ? Is 
any  sad  and  inevitable  fatality  thus  brooding  over  the 
fate  of  mortals  ? Must  reason  guide,  and  success  for 
ever  crown  schemes  of  human  wretchedness,  and 
human  destruction ; while  disappointment  is  for  ever 
to  be  the  bitter  cup  of  those  who  thus  signally 
endeavor  to  render  the  world  better  and  happier? 
We  are  unwilling  to  believe  it.  We  will  not,  at  least, 
despair  without  an  effort. 

We  wish  our  object  and  our  means  to  be  distinctly 
understood.  We  seek  to  produce  a state  of  perma- 
nent peace,  by  persuasion,  not  by  force ; to  prevent 
the  recurrence  of  war,  by  acting  on  the  free-will  of 
sovereigns,  not  by  weakening  the  allegiance  of 
subjects.  It  is  the  quarrels  of  nations,  in  their  inde- 
pendent political  capacity,  and  not  their  domestic 


26 


202 


CONGRESS  OF  NATIONS. 


6 


dissensions,  for  which  we  intend  a peaceable  adjust- 
ment. We  hope  to  effect  our  purpose  by  substituting 
for  the  sword  a better  remedy  for  national  injuries ; 
something  which  shall  stand  in  the  place  of  a legal 
court  of  justice,  where  reason  and  equity,  not  brute 
force  and  accident,  shall  be  the  arbiters  of  right.  To 
convince  the  world  that  such  a design  is  not  altogether 
impracticable,  is  a matter  of  primary  importance  in 
securing  its  success. 

Among  the  ancients,  in  the  time  of  Cicero,  it 
appears  to  have  been  a generally  received  opinion, 
that  war  is  the  natural  state  of  man ; * that  a 
fundamental  principle  is  implanted  in  human  nature, 
predisposing  to  quarrels  and  conflicts.  The  same 
idea  has  been  seized  hold  of  by  Hobbes  and  Cousin, 
and  some  other  modern  philosophers,  who  would  fain 
convince  us  that  it  is  essential  to  human  happiness 
and  prosperity.  If  all  this  be  true,  then  we  can  hope 
to  obtain  peace  only  by  holding  in  check  a funda- 
mental law  of  the  human  constitution.  It  is  an 
unnatural  condition ; and,  in  that  case,  the  stream 
might  for  a while  be  checked  in  its  natural  descent ; 
but  no  obstacle  would  be  sufficient  to  restrain  it  for 
ever.  But  such  an  opinion  and  such  a conclusion  are 
warranted  neither  by  reason  nor  experience. 

I know,  when  we  cast  a hurried  glance  over  the 


* Q,uis  enim  vestrum,  judices  ignorat,  ita  naturam  rerum  tulisse,  ut 
quodam  tempore  homines,  nondum  neque  naturali,  neque  civile  jure 
descripto,  fusi  per  agros  ac  dispersi  vagarentur  tantumque  haberunt 
quantum  ac  viribus  per  caedem  ac  vulnera,  aut  eripere  aut  retinere 
potuissenb — Cicero,  Oratio  pro  P.  Sextio,  cap.  42. 


7 


CONGRESS  OF  NATIONS. 


203 


past,  and  hastily  reflect  on  the  massacres,  the  rapines, 
the  battles  and  burnings,  the  rash  vengeance  and 
deliberate  cruelty,  which  almost  entirely  constitute  the 
history  of  nations,  we  have  some  reason  to  conclude 
that  all  this  is  to  be  attributed  to  some  instinctive 
principle  of  our  nature.  We  see  the  past  existence 
of  mankind  rendered  a contest  of  one  against  all.  We 
behold  the  savage  wielding  his  midnight  tomahawk, 
exulting  in  the  groans,  and  tearing  the  scalp  from  the 
head  of  his  bleeding  victim;  the  armies  of  the  so 
styled  civilized,  refined,  Christian  nations  whetting 
their  swords  for  mutual  destruction,  and  doing  their 
utmost  to  cut  short  that  brittle  existence  whose 
brevity  is  the  theme  of  every  day’s  moralizing  and 
regret;  the  whole  earth  seemingly  turned  into  one 
vast  human  slaughter-field,  where  brothers,  those  de- 
scended from  the  same  common  parent,  may  meet  as 
mutual  butchers,  to  redden  their  hands  in  the  blood 
of  their  kindred.  When  we  reflect  upon  these  facts 
and  circumstances,  we  are  induced,  by  a feeling  of 
human  pride,  to  attribute  them  to  something  like  a 
fatal  necessity,  and  not  to  the  unnatural  and  demoniac 
passions  of  the  human  heart.  But  it  is  not  necessary 
to  adopt  either  the  one  or  the  other  of  these  two 
modes  of  explanation. 

From  what  is  to  follow,  I think  it  will  naturally  be 
inferred,  that  a state  of  friendship  and  social  union  is 
the  great  governing  desire  of  the  whole  human  family. 
But  other  principles  have  heretofore,  in  a great  degree, 
counteracted  the  effect  of  this  pacific  propensity. 

There  is  a general  propensity  in  the  strong  to 


204 


COJfGRESS  or  NATIONS. 


8 


make  encroachments  upon  the  weak,  and  rob  them  of 
their  property,  their  liberty,  their  lives.  I hardly 
know  whether  this  can  be  called  an  instinct;  but 
surely  it  is  a disposition  exceedingly  prevalent.  The 
natural  collision  of  these  opposite  propensities  has 
made  the  earth  now  swarm  with  the  life  of  contending 
armies — now  silent  with  the  solitude  of  death. 

Other  causes  may  have  had  their  effect.  Pride, 
rivalry,  prejudice,  revenge,  have  been  fruitful  causes 
of  international  collisions ; but  the  great  fundamental 
source  of  blows  and  bloodshed  has  been  this  dispo- 
sition of  grasping  encroachment  on  the  one  hand,  and, 
on  the  other,  a determination  to  defend  their  rightful 
possessions,  even  at  the  risk  of  their  persons  and  their 
lives.  Hence  have  arisen  thieves,  and  robbers,  and 
marauders,  and  the  private  battles,  by  which  alone,  in 
early  times,  protection  was  found  against  their  lawless 
encroachments.  Hence  have  sprung  up  pirates,  and 
banditti,  and  conquerors,  and  the  conflicts  of  commu- 
nities, and  states,  and  empires.  Hence,  too,  the 
origin  of  tyranny  and  oppression,  on  the  one  hand, 
and  of  the  love  of  liberty,  and  the  determination  to 
protect  it  at  all  hazards,  on  the  other.  The  great  con- 
test of  privilege  against  prerogative,  — of  the  weak  and 
the  many  against  the  mighty  and  the  few  — of  natural 
right  against  hereditary  power — the  great  political 
convulsions  which  have  given  birth  to  human  liberty — 
the  mighty  efforts  which  have  defended  the  cradle  of 
her  infancy  against  usurpation  — and  the  desperation 
which  has  pillowed  her  on  the  bosom  of  battle,  and 
nurtured  her  with  blood; — all  these  have  arisen  from 


9 


CONGRESS  OF  NATIONS. 


205 


the  unconquerable  determination  to  resist  injustice 
and  overbearing  aggression,  be  the  consequences 
what  they  might. 

The  causes,  then,  which  have  given  rise  to 
continual  contentions,  are  not,  as  some  have  too 
rashly  concluded,  an  innate  thirst  for  human  blood. 
I admit  that  a passion  for  military  glory  often  foments, 
and  even  gives  rise  to  national  quarrels;  but  this 
cause  is  altogether  secondary.  The  miser’s  love  of 
gold,  originating  in  a relish  for  the  advantages  thereby 
purchased,  becomes,  by  the  process  of  association, 
transferred  to  the  yellow  ore  itself.  So  the  utility  of 
martial  deeds,  in  rude  and  warlike  ages,  causes  them 
to  be  held  in  high  reputation.  The  renown  they 
confer  becomes  the  leading  object  of  emulous 
ambition ; the  effect  becomes  a cause,  and  these 
great  national  fevers  are  often  originated  for  the  sole 
purpose  of  giving  military  leeches  an  opportunity  to 
acquire  new  skill  and  reputation  in  their  management. 

So  far  from  a state  of  continual  warfare  resulting 
from  the  principles  of  our  nature,  our  ruling  propen- 
sities incline  us  in  the  contrary  direction.  According- 
ly, we  shall  find  that,  since  the  commencement  of 
civilization,  a change  from  war  to  peace  has  been  in 
continual  progress,  in  all  countries,  and  under  all 
circumstances  ; that  this  change  has  awaited  only  the 
introduction  of  effectual  peaceable  substitutes,  thereby 
demonstrating  that  the  numerous  wars  of  earlier 
ages  do  not  indicate  that  men  are  not  deshous  of 
peace,  but  that  they  love  liberty  and  protection  more. 
We  shall  observe,  that  at  the  first  almost  every  subject 


206 


CONGRESS  OF  NATIONS. 


10 


of  dispute  gave  rise  to  violence,  as  the  only  arbi- 
ter and  supporter  of  right;  that  regulations  were 
gradually  introduced  for  the  purposes  of  amicable 
adjustment,  and  that  so  fast  as  they  could  be  rendered 
effectual,  the  awards  of  courts  of  justice  were  quietly 
acquiesced  in.  From  thence  the  inference  will 
necessarily  follow,  that  when  the  system  for  affording 
pacific  redress  becomes  complete,  the  right  of  private 
vengeance  will  be  willingly  surrendered  by  individuals 
and  empires. 

This  change  is  worthy  of  some  consideration.  It 
is  naturally  separated  into  three  great  divisions.  The 
first  shows  the  civihzation  of  individuals,  — their 
assemblage  into  communities,  and  their  quiet  submis- 
sion to  the  authority  of  the  laws.  The  second  exhibits 
to  us  these  communities  uniting  into  nations,  laying 
aside  their  ferocious  liberty  of  private  war,  as  soon 
as  it  can  be  done  without  jeopardy  to  their  rights 
or  their  safety.  The  third  will  present  to  us  the 
revolution  in  the  state  of  nations,  the  effect  of  a law 
of  mutual  attraction  by  degrees  drawing  them  into  a 
system  of  social  order,  a species  of  civil  government, 
a grand  federal  republic  of  nations  which  requires  only 
to  be  completed,  to  render  peace  among  indepen- 
dent states  hereafter  perpetual.  All  these  different 
changes  have  been  simultaneously  in  progress.  The 
first  two  are  already  almost  completed,  — the  last  is 
now  far  advanced  and  requires  only  the  successful 
adoption  of  some  institution,  like  that  now  in  contem- 
plation, to  render  it  entire. 

If  we  were  to  suppose  the  earth  peopled  by  a race 


11 


CONGRESS  OF  NATIONS. 


207 


of  men  entirely  destitute  of  civil  government,  it  might 
assist  in  the  examination  of  this  subject.  In  this 
situation,  each  would  depend  for  protection  and  safety 
upon  his  own  unassisted  strength.  He  would  wage 
war  and  make  peace  at  pleasure  ; and  his  belligerent 
propensities  would  have  the  most  ample  scope 
possible.  If  war  were  his  natural  element,  if  any 
constitutional  instinctive  principle  urged  him  to  a life 
of  conflict,  he  would  never  seek  to  exchange  his 
present  condition  in  this  particular ; because,  by  any 
change,  his  ruling  principle  would,  to  a greater  or  less 
degree,  be  constrained  and  counteracted.  But  if  a 
desire  of  social  order  be  the  predominant  propensity, 
this  state  of  total  disunion  and  savage  liberty  would 
not  long  continue.  The  weaker  would  combine,  for 
the  purpose  of  obtaining  that  security  and  quiet  from 
union  which  singly  they  could  not  command.  Little 
independent  associations  would  thus  be  formed,  and 
the  warfare  of  individuals  would  be  transferred  to 
communities.  Its  evils  would  by  this  means  be 
removed  one  degree  from  their  own  immediate  doors. 
Men  would  cease  to  live  in  continual  apprehension, 
like  the  most  unsocial  of  wild  beasts.  They  would 
have  taken  one  step  towards  the  establishment  of 
permanent  quiet. 

The  earth  would  now  be  filled  with  little  knots  or 
combinations  of  men  bearing  towards  each  other 
relations  similar  to  those  before  existing  among  indi- 
viduals. The  evils  which  gave  occasion  to  this 
change  would  have  been  mitigated,  but  not  removed. 
The  same  causes  operating,  though  more  remotely, 


208 


CONGRESS  OF  NATIONS. 


12 


and  less  urgently,  would  at  length  induce  another 
similar  change.  Tired  of  continual  conflict,  several 
of  these  tribes,  clans,  or  cities,  would  combine  by 
mutual  consent,  and  thus  form  a community  of  an 
order  one  degree  higher ; or  perhaps  some  of  these 
little  states,  more  successful  or  more  powerful  than 
their  neighbors,  with  a strong  hand  would  reduce  the 
others  under  their  control,  and  the  dread  of  longer 
continued  contests  would  induce  the  weak  to  submit 
to  the  quiet  rule  of  the  powerful,  as  the  lesser  of  two 
evils.  In  whichever  of  these  methods  it  should 
happen,  it  would  still  be  the  disrelish  of  an  unsettled 
and  contentious  life,  which  would  urge  mankind  to 
unite  in  larger  communities.  This  process  would 
continue,  until  the  earth  became  apportioned  off  into 
territories,  defined  by  natural  boundaries,  or  by 
strong  and  peculiar  moral  causes,  and  assuming  the 
titles  of  states,  kingdoms  or  nations ; and  thus  another 
important  epoch  would  have  arrived. 

In  this  ascending  progress,  each  step  would  remove 
one  degree  farther  off  the  immediate  evils  of  their 
situation,  and,  consequently,  the  urgent  necessity  for 
mankind  to  seek  another  change  would  be  continually 
diminishing.  Their  dwellings  would  be  less  liable  to 
conflagration,  their  flocks  and  fields  to  rapine,  their 
wives  and  daughters  to  outrage,  their  children  and 
parents  to  butchery.  When,  therefore,  these  embryo 
empires  have  passed  successively  through  the  stages 
of  families,  clans,  tribes,  and  cities,  and  have  increased 
to  kingdoms,  with  natural  and  well-defined  bounda- 
ries, the  evils  of  occasional  collisions  will  bear  no 


13 


CONGRESS  OF  NATIONS. 


209 


comparison  with  those  which  tormented  mankind  at 
an  eai’lier  period,  and  which  rendered  their  situation 
in  some  respects  less  tolerable  than  that  of , the  wild 
beast  w'hich  is  hunted  for  its  spoils.  Still  great  incon- 
veniences would  continue  to  be  felt,  which  would  still 
call  for  a remedy.  Them  more  immediate  and  evident 
causes  would,  in  the  first  place,  become  alleviated. 
The  miseries  of  war  would  be  gradually  mitigated, — 
its  most  fruitful  causes  removed,  — its  atrocities  ameli- 
orated,— conventional  regulations  for  avoiding  it 
would  be  introduced,  until  at  length  law  would  assume 
the  place  of  force, — means  would  be  devised  for 
adjusting  in  an  amicable  manner  the  misunderstand- 
ings which  had  before  given  rise  to  violence,  — 
permanent  order  and  harmony  would  be  introduced, 
and  a state  of  universal,  undisturbed  quiet  pervade  all 
nations. 

Such  is  the  natural  result  of  a constitutional 
propensity  such  as  I have  above  supposed.  Through- 
out all  the  circumstances  and  relations  of  nations,  the 
establishment  of  peace  would  keep  pace  with  the 
progress  of  human  ingenuity,  in  projecting  appropriate 
substitutes  for  violence. 

Such  is  in  fact  almost  a hasty  summary  of  the  his-  . 
tory  of  nations.  As  we  look  back  into  the  dim  regions 
of  antiquity,  we  see  not,  it  is  true,  the  primeval  state 
which  I have  at  first  supposed.  This,  if  it  ever  did 
exist,  is  too  distant  to  be  brought  within  the  ken  of 
present  observation.  But  the  telescopic  glance  of 
history  can  penetrate  sufficiently  far,  to  exhibit  a state 
not  many  removes  from  this  condition  of  primitive 

27 


210 


CONGRESS  OF  NATIONS. 


14 


barbarism.  From  that  state  men,  in  their  individual 
capacity,  have  been  progressing  by  a movement 
sometimes  accelerated,  sometimes  retarded,  but  all  the 
while  its  general  course  was  onward.  One  after  another, 
they  have  at  length  succeeded  in  reducing  nearly  all 
their  relations  with  each  other  to  a state  of  civilization 
and  quiet.  Nations  have  started  from  a similar  point, 
their  progress  has  been  similar ; and  we  are  warranted 
in  the  prediction,  that  they  will  eventually  arrive  at  a 
like  termination. 

In  fact,  the  principal  events  of  the  moral  as  well  as 
of  the  natural  world  are  regulated  and  controlled  by 
permanent  and  abiding  causes.  The  laws  which  rule 
the  great  changes  in  human  society  are  almost  as 
unerring,  as  those  which  guide  the  movements  of  the 
planetary  and  terrestrial  worlds.  It  is  true  that 
frequent  vicissitudes  present  themselves  to  our  obser- 
vation, and  almost  compel  the  conclusion,  that  accident 
has  the  greatest  share  in  the  disposal  of  human  events. 
But  a more  thorough  consideration  of  the  subject  will 
convince  us,  that  the  great  moral  revolutions  which 
take  place  among  mankind  are  produced  by  some 
fundamental  law  of  the  human  constitution,  which, 
• however  baffled,  retarded,  and  counteracted,  still 
acting  for  ages,  will  at  length  produce  its  effect. 

The  changes  in  the  natural  world  are  oftentimes  as 
irregular  as  the  most  capricious  of  human  vicissitudes. 
Yet  few  would  think  of  attributing  them  to  the  opera- 
tions of  accident.  Who  that  should  for  the  first  time 
observe  the  rapid  variations  of  the  seasons,  the  sudden 
return  of  heat  and  cold,  of  storm  and  sunshine,  would 


15 


CONGRESS  OF  NATIONS. 


211 


ever  conclude  that  spring  and  autumn,  that  summer 
and  winter,  with  their  flowers  and  fruits,  their 
scorching  heats  and  benumbing  frosts,  succeeded  each 
other  with  the  most  inevitable  certainty  and  the  most 
unvarying  regularity.  Who  that  uninstructed  should 
observe  the  superficial  inequalities  of  the  earth,  would 
suppose  that  hill  and  dale,  that  mountain  and  valley, 
were  disposed  with  strict  reference  to  a form  of 
general  rotundity.  But  on  acquiring  more  correct 
notions,  he  will  be  aware  that  all  these  particular 
diversities  are  subject  to  a law  of  general  regularity. 
It  is  thus  with  the  moral  changes  to  which  human  con- 
ditions are  subject.  They  succeed,  they  are  baflied, 
they  advance,  they  retreat,  they  are  filled  up  with 
vicissitudes  and  fluctuations,  but  their  average  course 
is  generally  found  to  be  almost  uninterrupted  and 
uniform. 

If,  then,  from  the  remotest  times,  the  civil  condition 
of  mankind,  in  all  countries,  has  been  undergoing  a 
slow  but  continual  change  to  a state  of  law,  and  order, 
and  quiet,  we  are  warranted  in  inferring  a general 
pervading  cause,  impelling  to  such  a change.  If  a 
similar  alteration  has  been  in  progress  with  petty 
communities,  prompting  them  to  exchange  the  turbu- 
lent liberty  of  waging  war  at  will,  for  the  advantages 
of  union  into  states  and  nations ; this  shows  that  the 
operation  of  the  same  cause  is  not  confined  to  men 
in  their  individual  capacities.  If  nations  have  been 
moving  on  in  the  same  career,  with  a slower  but  not 
less  constant  pace,  this  will  justify  the  conclusion, 
that  they  too  are  within  the  same  sphere  of  moral 


212 


CONGRESS  OF  NATIONS. 


16 


gravitation,  and  will  be  acted  on  in  a similar  manner. 
This  subject  is  worthy  of  a little  further  consideration. 

The  earliest  authentic  history  of  mankind  in  all 
countries,  presents  us  with  a state  of  society  in  which 
each  individual  frames  almost  all  his  actions  by  the 
standard  of  his  own  discretion.  The  more  rude  the 
age,  and  the  more  uncivilized  and  barbarous  the 
people,  the  more  simple  and  inartificial  are  the  laws, 
and  the  more  uncontrolled  is  the  right  of  private 
vengeance.  Without  going  back  to  the  fabulous  ages 
of  antiquity  where  tradition,  which  is  generally  tinc- 
tured with  truth,  shows  us  heroes  battling  under  their 
own  standard,  and  dealing  out  death  and  vengeance 
single-handed  at  discretion,  we  have  well-authenti- 
cated history  to  furnish  us  with  proofs  and  illustrations. 
Among  the  Arabs  before  the  time  of  Mahomet,  we 
are  told,  “ each  individual  with  impunity  and  renown, 
might  point  his  javelin  against  the  life  of  his  country- 
man. The  union  of  the  nation  consisted  only  in  a 
vague  resemblance  of  language  and  manners,  and  in 
each  community  the  jurisdiction  of  the  magistrate  was 
mute  and  impotent.  In  private  life,  every  man,  at 
least  every  family,  was  the  judge  and  avenger  of  his 
own  cause.  Their  refined  malice  refused  even  the 
head  of  the  murderer,  substituted  an  innocent  for  the 
guilty  person,  and  transferred  the  penalty  to  the  best 
and  most  considerable  of  the  race  by  whom  they  had 
been  injured.  If  he  fell  by  their  hands,  they  were 
exposed  in  their  turn  to  the  danger  of  reprisals  ; the 
interest  and  principal  of  the  bloody  debt  became 
accumulated ; the  individuals  of  either  family  led  a 


17 


CONGRESS  OF  NATIONS. 


213 


life  of  malice  and  suspicion ; and  fifty  years  sometimes 
elapsed  before  the  account  of  vengeance  was  finally 
settled.”*  Some  of  the  German  tribes  had  not 
advanced  beyond  this  state  of  savage  simplicity. 
Among  the  Frisians,  we  are  told,  the  right  of  private 
revenge  remained  altogether  uncontrolled,  and  several 
others  were  nearly  in  the  same  condition.f  “ The 
Germans,”  says  Montesquieu,  “ enjoyed  an  excessive 
independence.  Different  famifies  waged  war  with 
each  other  to  obtain  satisfaction  for  murder,  robberies 
and  affronts.”  The  savage  tribes  of  America  are  to 
the  present  day  in  nearly  the  same  condition. 

This  is,  in  fact,  the  general  history  of  the  earlier 
savage  state,  in  all  ages  and  countries.  A vague  sort 
of  partition  line  divides  men  into  tribes,  but  within 
those  enclosures  each,  one  retains  possession  of  most 
of  his  unrestrained,  untamed  liberties.  It  is  the  first 
step  towards  the  regular  organization  of  civil  govern- 
ment— an  organization  which  seems  rather  calculated 
for  resisting  immediate,  external  violence,  than  for  the 
dispensation  of  domestic  justice.  There  was  a sort 
of  allegiance  due  from  the  individual  to  his  tribe.  A 
moral  tie  or  esprit  dii  corps  existed,  like  that  which 
binds  the  soldiers  of  an  army,  rather  than  a system  of 
civil  institutions  uniting  them  in  a nation.  But  the 
ground  was  prepared  for  rearing  those  institutions. 
They  germinated  and  ffourished  afterwards. 

In  this  manner  was  the  world  of  mankind  separated 
off  into  distinct,  sectional  divisions.  Each  of  these 


* Gibbon’s  Rome,  chap.  1. 


f Hume’s  England,  Appendix,  1. 


214 


CONGRESS  OF  NATIONS. 


18 


little  communities  was,  as  it  respected  the  component 
individuals,  in  a state  of  the  grossest  barbarism,  and 
save  that  they  had  banded  themselves  together, 
although  principally  for  warlike  purposes,  little  advance 
had  been  made  beyond  the  rudest  state  of  nature. 
The  first  step  towards  the  introduction  of  a state  of 
domestic  civilization,  was  a modification  of  the  right 
of  private  war.  The  civil  magistrate  interposed,  and 
obliged  the  injured  party  or  his  friends  to  accept  of  a 
composition,  which  was  adapted  and  apportioned  to 
the  nature  and  magnitude  of  the  offence.  In  this 
state  were  the  more  civilized  German  tribes  in  the 
days  of  Tacitus.*  The  Anglo-Saxons  had  advanced 
no  farther  in  completing  the  political  and  civil  union. 
The  laws  of  king  Alfred  prohibit  the  individual 
aggrieved  from  fighting  the  aggressor,  until  he  had 
demanded  and  taken  measures  to  obtain  a compensa- 
tion, provided  he  knew  that  his  enemy  had  resolved 
to  keep  his  own  house  or  lands ; and  similar  in  this 
respect  were  the  laws  of  king  Ina.  King  Edmond 
ordained  that  if  any  one  committed  murder,  he  might, 
with  the  assistance  of  his  kindred,  pay  within  a twelve- 
month  the  fine  of  his  crime,  and  if  they  abandoned  him, 
he  should  alone  sustain  the  deadly  feud  or  quarrel 
with  the  kindred  of  the  murdered  person.!  Similar 
regulations  seem  to  have  been  familiar  to  the  history 
of  the  early  jurisprudence  of  the  Greeks,!  the  Jews,§ 
and  the  Arabs. ||  Among  the  Irish,  this  composition 
was  denominated  an  eric,  and  continued  in  use  till  a 
very  late  period. 

* Manners  of  the  Gennans,  § 21.  | Hume’s  England,  Appendix,  1. 

t 9th  Iliad.  f Exodus  21  : 29,  30.  |1  Gibbon’s  Rome,  c.  1. 


19 


CONGRESS  OF  NATIONS. 


215 


Thus  far  the  object  of  punishment  seems  to  have 
been  the  private  gratification  of  the  injured  party,  or 
his  immediate  friends,  or  family.  The  next  step 
which  was  taken  towards  a more  civilized  life  was, 
the  recognition  of  crime  as  an  offence  against  the 
sovereign.  The  magistrate,  whose  office  it  was  to 
guard  public  peace,  conceived  himself  injured,  and  his 
authority  contemned,  by  every  injury  done  to  any  of 
his  people,  and,  in  addition  to  the  compensation  above 
mentioned,  exacted  a fine  to  himself,  as  an  atonement 
for  the  breach  of  the  peace.  This  view  of  the  subject 
of  punishment  gained  ground.  Crimes  became,  more 
and  more,  considered  as  offences  against  the  common- 
wealth, and  met  with  punishment  accordingly.  One 
of  the  laws  of  Alfred  awarded  death  as  the  punishment 
of  murder.  This  is  however  believed  never  to  have 
been  carried  into  effect,  being  a little  too  far  in  advance 
of  the  spirit  of  the  age.  This  change  has  now  become 
almost  if  not  altogether  complete  ; and,  instead  of  the 
gratification  or  pacification  of  human  vengeance,  the 
whole  object  of  punishment  is  the  prevention  of  crime. 

This  relates  entirely  to  criminal  jurisprudence ; and 
in  a barbarous  age  scarcely  any  other  is  known.  In 
questions  of  private  right,  personal  altercations  gener- 
ally ensued,  terminating  in  blows  and  blood,  and  thus 
issue  was  joined,  and  proof  generally  furnished  in  a 
criminal  trial.  All  difficulties  in  establishing  facts 
were  generally  obviated  in  a similar  way.  All  ques- 
tions involving  doubt  were  soon  merged  in  an 
unquestionable  crime,  which  then  became  the  sole 
object  of  attention  and  punishment. 


216 


CONGRESS  OF  NATIONS. 


20 


But  as  refinement  and  civilization  began  more  fully 
to  develop  themselves,  — after  ideas  of  wealth  and 
property  had  grown  familiar,  a distinction  grew  up 
between  civil  and  criminal  injuries.  The  rights  of 
property  became  more  evidently  matters  of  interest, 
and  more  formal  and  reasonable  methods  for  their 
determination  were  resorted  to.  The  attention  of 
mankind  became  also  directed  to  the  means  of  estab- 
hshing  the  truth  or  falsehood  of  conflicting  claims,  and 
new  institutions  which  are  called  for  by  the  increased 
variety  in  the  relations  existing  among  mankind 
were  provided  by  their  ingenuity  and  experience. 

The  ordeal,  or  judgment  of  God,  was  among  the 
most  simple  and  natural  means  for  the  determination 
of  truth.  But  among  a valiant  and  warlike  people, 
the  sword  was  soon  looked  upon  as  the  great  arbiter 
in  all  controverted  matters  ; and  questions  of  law,  or 
fact,  or  evidence,  were  all  decided  by  the  impartial 
tribunal  of  trial  by  battle,  under  the  supervision  of  the 
laws  and  the  eye  of  the  civil  magistrate. 

According  to  Velleius  Paterculus,  the  ancient  Ger- 
mans were  wont  to  decide  all  contests  of  right  by  the 
sword  ; and  among  the  Goths  in  Sweden,  judiciary 
duels  were  established  at  a very  early  period.  But 
their  general  introduction  and  formation  into  a regular 
system,  was  a work  reserved  for  the  Burgundians  and 
Franks. 

The  proof  by  witnesses  was  a method  of  arriving 
at  truth,  too  simple  and  natural  to  escape  for  a long 
time  the  observation  of  nations  of  the  least  refinement. 
In  its  first  introduction  into  France,  it  was  used  for  the 


21 


CONGRESS  OF  NATIONS. 


217 


establishment  of  negative  proof.  In  other  words, 
where  a person  was  accused  of  any  crime,  he  swore 
he  was  innocent,  and  the  witnesses  or  compurgators 
whom  he  brought  forward,  swore  he  had  told  the 
truth.  This  gave  rise  to  judicial  combats.  For 
when  the  plaintiff  saw  the  decision  of  the  cause 
entirely  removed  from  any  possible  interposition  of 
his  own,  dependent  upon  the  veracity  of  his  antago- 
nist and  the  consciences  of  the  compurgators,  who 
had  perhaps  been  suborned,  how  could  he  be 
expected  quietly  to  acquiesce  in  the  decision  1 * No 
species  of  injustice  would  be  brooked  with  greater 
reluctance  by  a warlike  people.  The  public  sentiment 
said.  Let  us  have  another  system, — and  another  sys- 
tem rose  into  being. 

Among  the  Lombards,  the  system  of  negative  proofs 
was  applied,  without  the  formality  of  compurgators,  to 
the  controversies  for  the  possession  of  lands.  The 
defendant  alone  by  his  oath  might  obtain  his  cause  ; so 
that  if  he  would  perjure  himself,  he  was  sure  of 
success.  This  detestable  custom  was  so  repugnant 
to  the  feeling  of  the  people,  particularly  of  the  nobility, 
that  they  made  the  most  strenuous  efforts  for  its 
abohtion.  Accordingly,  by  a law  of  Otho  the  second, 
it  was  ordained,  “ That  whenever  there  happened  any 
disputes  about  inheritances,  and  one  of  the  parties 
insisted  upon  the  legality  of  his  title  and  the  other 
maintained  its  being  false,  the  affair  should  be  decided 
by  combat ; that  the  same  rule  should  be  observed  in 


* See  Montesquieu,  Spirit  of  Laws,  Book  28,  chap,  xiii,  xiv, 
28 


218  CONGRESS  OF  NATIONS.  22 

contests  relating  to  fiefs  ; and  that  the  clergy  should 
be  subject  to  the  same  law,  but  should  fight  by  their 
champions.”* 

Private  battle  having  been  thus  introduced  as  the 
arbiter  of  right  and  the  test  of  conscience,  and  being  in 
consonance  with  the  warlike  spirit  of  the  times,  spread 
rapidly,  and  soon  swallowed  up  every  other  species 
of  jurisprudence.  Nor  was  it  long  restricted  to  the 
parties  in  the  suit  themselves.  When  the  plaintiff 
saw  one  of  the  compurgators  of  the  defendant  about 
to  swear  against  him,  he  might  challenge  the  witness 
himself,  who  must  either  fight  or  be  rejected.  If  he 
were  overcome,  the  cause  Mms  determined ; for  it  was 
deemed  conclusive  evidence  that  the  defendant  had 
produced  a false  witness,  which  was  sufficient  to 
establish  the  guilt  of  the  party  himself.f 

One  of  the  peers  or  jurors  might  also  be  challenged, 
on  the  ground  that  he  had  given  a false  verdict,  which 
operated  as  a species  of  appeal  from  the  decision  ; so 
that,  although  peaceable  means  continued  in  use,  the 
party  himself  had  in  most  instances  the  power  of 
appealing  to  the  veracity  and  the  impartial  discrimi- 
nation of  the  sword. 

The  management  of  these  judicial  duels  was 
digested  into  a regular  system ; for  men  in  time  reduce 
their  very  absurdities  to  order.  Thus,  if  a knight 
challenged  one  of  the  lower  order,  he  must  present 
himself  on  foot  and  with  the  weapons  which  common- 


* Montesquieu,  Spirit  of  I^aws,  Book  28,  chap,  xviii. 
f Ibid,  chap.  xxvi. 


23 


CONGRESS  OF  NATIONS. 


219 


ers  used.  Officers  were  appointed  to  superintend 
the  fight  and  decide  upon  the  result.  Before  the 
combat,  the  relations  of  the  parties  were  compelled  to 
retire,  and  all  persons  were  prohibited,  under  the 
severest  penalties,  from  rendering  assistance  to  either 
party.  Duels  were  not  allowed  where  the  matter  in 
dispute  w'as  of  small  consequence ; nor  where  the 
fact  was  notorious ; nor  where  the  endeavor  was  to 
alter  an  established  usage.  When  the  accused  had 
been  once  acquitted,  another  relative  of  the  deceased 
could  not  put  him  a second  time  in  jeopardy. 

A regular  system  of  hloody  jurisprudence  was  thus 
built  up  and  gradually  introduced  into  all  parts  of 
Europe  during  the  dark  ages.  Having  much  to 
recommend  it  to  the  warlike  people  of  those  rude 
times,  it  continued  long  in  existence.  In  fact,  how 
glaring  soever  its  imperfections,  it  was  far  superior  to 
the  institutions  which  immediately  preceded  it,  and 
it  was  so  esteemed  and  received  by  those  to  whose 
adoption  it  was  presented.  They  perceived  in  it  a 
species  of  trial,  whereby  the  determination  of  their 
cause  was  not  dependent  upon  their  antagonist. 
They  saw  that  their  rights  could  not  be  cloven  down 
with  impunity,  and  they  acquiesced  in  the  new  regu- 
lation. It  was  a beneficial  substitute  for  the  licentious 
exercise  of  private  vengeance.  The  trial  by  combat, 
therefore,  although  sanguinary  and  unreasonable,  may 
justly  be  regarded  as  another  step  towards  the 
establishment  of  law,  and  order,  and  refinement. 

The  next  change  which  took  place,  was  the 
introduction  of  reason  instead  of  force,  in  the  determi- 


220 


CONGRESS  or  NATIONS. 


24 


nation  of  disputed  questions.  We  have  already  seen 
that  the  roughest  points  in  the  system  were  gradually 
worn  away ; that  it  slowly  assumed  a more  reason- 
able and  consistent  form,  and  had  at  length  attained 
the  appearance  and  character  of  a species  of  jurispru- 
dence. By  this  means,  the  way  was  gradually 
prepared  for  the  introduction  of  more  reasonable 
institutions.  The  absurdities  and  defects  of  this 
system  became  prominently  developed,  their  appro- 
priate remedies  became  understood,  they  were  resorted 
to  and  applied. 

It  has  before  been  remarked,  that  the  great  cause 
of  the  general  introduction  of  the  trial  by  battle  was, 
the  imperfection  in  existing  establishments.  By  the 
institutions  of  St.  Louis,  these  defects  were  remedied 
in  his  dominions,  and  peaceable  adjudications  again 
became  established. 

In  the  first  place,  he  allowed  an  appeal  to  be 
brought  from  the  courts  of  his  barons,  to  his  own 
tribunals.  This  obviated  the  necessity  of  challenging 
one  of  the  jurors,  which  had  before  been  the  only 
possible  method  of  reversing  an  iniquitous  judgment. 
The  appeal  for  false  judgment,  as  it  was  denominated, 
was  then  prohibited  in  all  the  baronial  courts. 

Secondly,  he  made  a total  change  in  the  mode  of 
proof.  Instead  of  the  oath  of  the  defendant,  and  his 
compurgators,  positive  evidence  was  introduced  to 
establish  the  justice  of  the  plaintiff’s  claim  or  the 
certainty  of  the  defendant’s  guilt.  Having  established 
this  change  in  his  own  courts,  he  prohibited  the 
challenge  of  witnesses  or  parties,  and  the  feudal  lords 


25 


CONGRESS  OF  NATIONS. 


221 


soon  followed  the  example,  and  introduced  the  same 
change  into  their  own  tribunals.  By  these  means, 
judicial  combats  became  at  length  entirely  disused. 

This  course  was  effectual,  because  one  system  was 
expelled  by  the  introduction  of  a better.  Provision 
was  made  for  satisfying  the  object  of  even  an  absurd 
institution,  before  any  compulsory  measures  were 
taken  to  put  that  institution  out  of  existence.  Had 
this  prudential  measure  been  neglected,  had  an  effort 
been  made,  by  mere  naked  coercion,  to  abolish  the 
trial  by  combat,  instead  of  a most  important  and 
successful  revolution,  the  historian  would  have  had 
occasion  to  record  another  instance  of  the  impotence 
of  royal  authority,  when  acting  in  direct  opposition  to 
strong  public  sentiment. 

We  have  spoken  of  the  change  which  took  place 
in  France.  In  England  it  was  not  widely  different. 
The  nature  of  the  jurisprudence  which  existed  there 
in  the  time  of  the  Saxons  has  already  been  adverted 
to.  The  Norman  conquerors  introduced  the  customs 
of  chivalry,  and  the  wager  of  battle  became  a familiar 
mode  of  settling  private  quarrels.*  This  practice 
existed  in  full  vigor,  until  the  time  of  Henry  the 
second.  That  prince  instituted  the  grand  assize  for 
the  purpose  of  settling  claims  to  real  estate  which  had 
formerly  been  decided  by  battle.  The  former  mode 
was  not  prohibited,  but  the  party  had  his  choice 
between  two  remedies.  Such,  however,  is  the  propen- 
sity of  mankind  towards  a peaceful  establishment, 


* Blackstone’s  Commentaries,  iii,  337 ; and  iv,  346. 


222 


CONGRESS  OF  NATIONS. 


26 


where  it  is  at  all  tolerable,  that  this  new  mode  of  trial 
soon  became  almost  universal.  Other  substitutes 
were  afterwards  devised  for  the  other  cases  where  the 
wager  of  battle  had  before  been  in  use,  so  that  this 
species  of  trial  fell  at  length  entirely  into  neglect,  and 
was  finally  repealed. 

A similar  change  has  taken  place  in  all  the  other 
European  nations,  where  scarce  a vestige  now  remains 
of  this  sanguinary  jurisprudence,  once  almost  universal. 
The  sword  of  vengeance  and  the  shield  of  protection 
is,  in  almost  every  instance,  taken  from  the  individual 
and  placed  in  the  hands  of  the  magistrate.  Perhaps 
there  are  no  cases,  except  those  of  self-defence,  and 
private  duels,  where  this  civilizing  process  has  not 
already  wrought  its  entire  change.  The  former  of 
these  must  always  exist  from  necessity.  The  latter, 
although  in  most  countries  forbidden  under  the 
severest  penalties,  has  never  been  suppressed,  because 
no  satisfactory  substitute  has  ever  yet  been  presented. 
When  the  laws  shall  afford  a legal  and  efficient 
redress  for  outraged  feeling,  we  may  then  expect  a 
voluntary  and  final  relinquishment  of  this  impious 
practice.  The  law  of  violence  will  give  place  to  the 
law  of  reason,  in  proportion  as  the  latter  becomes 
seconded  by  regulations  consonant  with  the  require- 
ments of  public  feeling. 

From  what  has  been  already  observed,  one  truth 
presents  itself  in  strikingly  bold  relief,  which  will  be 
of  assistance  in  our  future  inquiries.  It  is  that  the 
alteration  of  the  customs  or  fundamental  laws  of  a 
country  depends  much  less  upon  the  will  even  of  the 


27 


CONGRESS  OF  NATIONS. 


223 


most  arbitrary  sovereign  than  is  usually  supposed,  — - 
that  the  influence  of  public  opinion,  even  in  countries 
where  the  popular  feeling  is  least  consulted,  is  still 
eventually  resistless.  In  kingdoms  where  the  voice 
of  the  people  was  never  audibly  pronounced,  we 
have  seen  a system  of  jurisprudence  based  upon 
negative  proof  totter  and  fall  to  the  ground,  because 
strongly  opposed  to  the  general  sentiment.  We  have 
observed  the  trial  by  combat  springing  up  spontane- 
ously and  irresistibly,  because  more  in  conformity  with 
the  public  feeling,  and  this  again  yielding  the  ascen- 
dency to  the  first  system  which  presented  itself,  more 
consonant  to  the  principles  of  human  reason.  On 
the  other  hand,  we  observe  a practice  not  only  in 
opposition  to  the  moral  and  humane  feelings  of  the 
community,  but  even  to  the  most  severe  and  sangui- 
nary laws  still  unsuppressed,  and  I had  almost 
said  triumphant ; because  it  is  still  more  repugnant  to 
the  stubborn  pride  of  human  nature,  to  submit  to 
injury  unavenged. 

In  our  investigations  thus  far,  we  have  been  con- 
fined to  the  modern  nations  of  Europe  and  to  the 
changes  which  have  therein  taken  place  since  the 
earliest  period  of  their  known  history.  We  have 
done  thus,  because  we  have  more  authentic  and 
minute  accounts  of  those  changes,  and  because  the 
history  of  one  nation  in  these  particulars  is  the  history 
of  mankind.  Without  proceeding  further,  therefore, 
we  may  safely  conclude  that  there  is  some  innate 
principle  of  the  human  constitution  drawing  us  into  a 
state  of  peace,  and  friendship,  and  social  order  and 


224  CONGRESS  OF  NATIONS.  28 

inducing  a consequent  acquiescence  in  wholesome 
legal  restraint,  wherever  this  can  be  done  without 
submitting  to  encroachment  and  indignity,  but  never 
otherwise. 

Such  is  the  nature  of  man  in  his  individual,  social 
capacity,  and  such  are  the  results.  If  we  observe  the 
history  of  communities,  we  shall  perceive  like  conse- 
quences from  similar  causes. 

It  has  been  already  remarked,  that  the  first  commu- 
nities of  men  were  very  inconsiderable  in  point  of 
numbers.  Thus,  in  the  time  of  the  patriarchs 
mentioned  in  the  Old  Testament,  each  family  with  its 
servants  and  dependents  seemed  to  constitute  a 
distinct  sovereignty.  In  the  age  of  Romulus,  Italy 
alone  is  said  to  have  contained  nearly  twelve  hundred 
independent  cities.'^'  Gaul,  at  the  time  of  its  conquest 
by  the  Romans,  numbered  about  as  many,  and 
although  maintaining  some  political  relations  with 
each  other,  these,  nevertheless  bore  more  the  appear- 
ance of  treaties  or  a tacit  understanding  between 
independent  states,  than  that  of  a stable  national 
union.  Ancient  Greece  was  divided  into  many 
petty  sovereign  states.  The  tribes  of  ancient  Ger- 
many were  numerous,  and  consequently  the  number 
acknowledging  allegiance  to  each  was  proportionably 
small.  Even  in  modern  times,  Germany  has 
contained  more  than  three  hundred  sovereign  states. 
The  Anglo-Saxons  followed  many  independent 
chiefs;  and  if  we  except  the  Mexicans  and  their 


* Gibbon’s  Rome,  i,  55. 


29  CONGRESS  OF  NATIONS.  225 

dependents,  the  most  numerous  tribes  of  Indians  on 
the  northern  continent  of  America,  did  not  exceed  a 
few  hundreds. 

Thus  does  the  world  appear,  at  one  period  or 
another  to  have  been  filled  with  petty  communities, 
sustaining  towards  each  other  relations  similar  to 
those  once  existing  amongst  individuals,  and  consti- 
tuting so  many  distinct  units,  or  political  persons.  In 
some  instances,  they  seem  to  be  in  a state  of  unqualified 
sovereign  independence  with  respect  to  each  other. 
In  others,  from  moral,  physical,  or  political  causes,  this 
state  had  been  succeeded  by  a sort  of  vague  union, 
at  a period  of  its  earliest  authentic  history,  where, 
like  the  warriors  of  a savage  tribe,  although  loosely 
confederated  for  external  purposes,  the  restraint  of 
civil  government  was  hardly  perceivable  in  their 
internal  relations,  leaving  them  almost  in  their  primi- 
tive state  of  ungoverned  freedom.  From  that  state, 
a species  of  civil  polity  between  these  distinct 
communities  has  been  growing  into  existence,  which 
has  had  the  effect  of  dissolving  their  individuality, 
and  mingling  them  into  a larger  union  of  states  and 
empires. 

At  the  time  of  the  Trojan  war,  the  little  states  of 
Greece  began  to  be  actuated  by  a common  impulse, 
and  to  acknowledge  a common  sympathy.  This 
connection,  however  loose,  increased  its  efficacy,  until 
it  strengthened  into  a confederacy,  which,  although 
ineffectual  in  altogether  preventing  internal  discord, 
still  enabled  them  to  act  by  a concerted  movement, 
and  to  impress  upon  them  many  of  the  distinctive 


99 


226 


CONGRESS  OF  NATIONS. 


30 


characteristics  of  a united  people.  The  object  of 
their  union  was  protection  from  external  violence,  and 
from  domestic  strife.  This  was  an  instance  of  the 
voluntary  relinquishment  of  absolute  independence 
by  sovereign  states,  for  the  purpose  of  national  union, 
and  was  dictated  by  the  disposition  to  diminish  the 
frequency  and  alleviate  the  severities  of  war. 

The  history  of  Rome  furnishes  a picture  of  a some- 
what different  character.  A few  thousand  outlaws 
and  vagabonds,  occupying  a military  encampment, 
rather  than  inhabiting  a city,  holding  a few  square 
miles  by  the  tenure  of  the  sword,  furnished  the 
embryo  of  this  renowned  republic.  Romulus  found 
himself  at  the  head  of  a barbarian  horde,  surrounded 
by  establishments  as  rude  and  insignificant  as  his 
own,  where,  although  something  like  the  control  of 
the  civil  magistrate  began  to  be  acknowledged  by 
individuals,  communities  themselves  were  entirely 
disconnected,  possessed  of  all  the  rights  of  man  in  a 
state  of  nature,  and  liable  to  many  of  the  inconven- 
iences. He  soon  began  to  extend  his  dominion.  By 
conquest,  or  by  mutual  agreement,  a few  of  those 
little  states  were  united  into  an  empire,  of  which 
Rome  was  the  head.  By  degrees  the  circle  of  its 
dominion  spread  wider  and  wider ; by  force  or 
persuasion,  one  after  another  of  the  surrounding  states 
was  embraced  by  its  circumference.  A like  process 
had  been  taking  place  in  other  portions  of  Italy.  The 
smaller  states  became  leagued  into  larger  confedera- 
cies ; so  that,  as  the  Roman  sway  increased,  it  was 
met  by  rival  ambition  of  equal  energy,  though  directed 


31 


CONGRESS  OF  NATIONS. 


227 


by  inferior  prudence.  After  ages  of  carnage  and  of 
triumphs,  it  prevailed  over  all  opposition,  and  became 
sole  mistress  of  Italy.  These  hmits  were  too  narrow 
to  confine,  for  a long  time,  the  spirit  of  conquest ; and 
Carthage,  Spain,  Macedonia,  Asia  Minor,  Gaul, 
Britam,  and  Germany,  saw  in  turn  the  bloody  foot- 
prints of  Roman  glory,  and  bowed  before  the  deso- 
lating cruelty  of  Roman  conquest.  They  became 
incorporated  as  integral  portions  of  one  vast  empire, 
which  thus  stretched  its  arms  over  almost  all  parts  of 
the  known  world. 

This  is  an  instance  of  a compulsory  union,  and 
probably  most  great  nations  have  accumulated  in  a 
similar  manner.  In  these  cases,  force  seems,  at  first 
view,  the  only  consolidating  principle  ; but  this  could 
never  have  effected  a stable  and  lasting  union.  The 
wise  policy  of  the  Romans  admitted  the  vanquished 
to  the  advantages  of  victory.  The  weak  thus  saw 
themselves  furnished  with  a powerful  protector,  and 
exempted  from  incessant  broils;  and  the  pride  of 
national  independence  yielded  to  the  desire  of 
domestic  quiet,  and  considerations  of  the  public 
welfare.  The  only  effect  of  compulsion,  therefore, 
was  to  bring  the  heterogeneous  multitudes  within 
the  sphere  of  action  of  Roman  pohcy.  All  that 
process  of  assimilation,  by  which  the  discordant  mass 
was  fitted  to  be  received  into  the  ultimate  component 
structure  of  the  great  body  politic,  was  the  conse- 
quence of  the  natural  causes  to  which  we  have  before 
alluded,  aided  by  the  wisdom  of  civil  regulations. 

By  a process  combined  of  elements  similar  to  those 


228  CONGRESS  OF  NATIONS.  32 

which  gave  power  and  extent  to  the  two  nations 
already  mentioned,  it  is  probable  the  aggregation  of 
men  and  communities  into  larger  bodies,  in  most 
cases,  w'as  first  effected.*  But  examples  more 
directly  in  point  will  be  found  in  the  modern  history 
of  Europe,  when  the  feudal  system  had  obtained  a 
general  adoption. 

The  powers  and  prerogatives  of  the  barons  in  those 
times  were  little  short  of  regal.  They  held  courts  of 
justice,  coined  money,  possessed  criminal  jurisdiction 
within  their  territories,  and  could  punish  without 
appeal  all  malefactors  therein  detected.  They  could, 
therefore,  shield  from  punishment  the  outlaws  and 
malefactors  from  neighboring  jurisdictions.  They 
made  war  upon  each  other  at  pleasure,  and  even 
upon  the  king  their  superior.  They  in  fact  exer- 
cised supreme  control  over  their  vassals ; for,  although 
the  king,  as  lord  paramount,  was  entitledjto  their 
allegiance,  this  superiority  existed  rather  in  name  than 
in  reality ; and  in  the  wars  of  those  periods  we  find 
the  great  body  of  the  nation  obeying  their  immediate 
superiors,  even  in  hostility  to  their  liege  sovereign. 
We  may,  therefore,  consider  the  kingdoms  of  Europe 
as  sub-divided  into  independent  baronies,  connected 
by  a sort  of  vague  and  unregulated  allegiance,  which 
depended  for  its  practical  exercise  upon  the  virtues  or 
abilities  of  the  reigning  sovereign.  Each  barony  was 
an  entire  unit,  a complete  integral  portion  of  the  nation. 


* See  Gibbon,  iii,  p.  17,  for  the  formation  of  the  empire  of  the  Khans 
of  Tartary. 


33 


CONGRESS  OF  NATIONS. 


229 


the  whole  together  bearing  a striking  resemblance 
to  a community  of  independent  warriors,  united  by  a 
voluntary  alliance.  They  became  united  for  external 
purposes,  while  in  their  domestic  concerns  they  pos- 
sessed all  the  luxuriance  of  independence.  A 
common  tie  was  thrown  around  them;  but  it  rested 
so  loosely,  that  its  existence  was  scarcely  perceivable. 
It  was  like  the  bond  that  united  the  sturdy  German 
warrior  to  his  tribe,  depending  principally  on  his  own 
discretion  for  its  efficiency. 

The  stormy  independence  of  the  feudal  barons  had 
in  it  something  gratifying  to  feudal  pride,  but  brought 
with  it  inconveniences  of  a more  than  counterbal- 
ancing magnitude.  The  incessant  jars  and  turmoil  to 
which  mankind,  in  that  state,  were  exposed,  made 
them  ardently  sigh  for  tranquillity,  and  an  abolition  of 
their  licentious  and  belligerent  freedom.  This  was 
opposed  to  the  wishes  and  policy  of  the  turbulent  and 
blood-thirsty  lords ; but  their  resistance,  although  it 
might  retard,  could  not  prevent,  the  change.  Where 
the  physical  strength  resides,  there  is  the  actual 
power ; and  sooner  or  later  it  will  make  itself  felt  and 
respected.  The  most  enslaved  of  mankind  may 
become  goaded  to  desperation,  and  then  their  tyrants 
tremble.  Or,  at  an  earlier  stage  of  disaffection,  they 
may  clamor  for  relief,  and  their  prudent  masters  must 
yield  to  their  solicitations.  In  whatever  manner  it 
may  have  been  produced,  the  bloody  independence 
of  the  feudal  barons  has  long  since  ceased  to  cover 
the  territories  of  each  other  with  reciprocal  desolation. 
That  excess  of  liberty  which  enabled  them  to  seek 


230 


CONGRESS  OF  NATIONS. 


34 


their  own  redress,  and  measure  out  their  own  ven- 
geance, has  been  pruned  away.  Their  separate 
sovereignties  have  melted  down,  and  become  merged 
in  the  authority  of  a paramount  superior ; and  in  most 
countries  of  Europe,  every  man  feels  himself  the 
subject  of  a king,  not  the  vassal  of  a lord  — the 
member  of  a nation,  and  not  the  partisan  of  a clan  ; 
and  they  look  for  protection  to  the  justice  of  the  laws, 
not  to  the  length  and  temper  of  their  master’s  sword. 

As  in  the  earUer  stages  of  society  individuals 
became  grouped  together  into  distinct  tribes,  and 
afterwards  the  process  of  internal  cementation  con- 
solidated them  into  compact  communities,  so  now 
these  separate  bodies  have  undergone  a second 
process  of  aggregation,  and  in  like  manner  have  so 
thoroughly  combined  into  larger  masses,  that  almost 
all  traces  of  their  former  individuahty  have  become 
obUterated.  The  petty  sovereignties,  that  once  filled 
the  earth  with  disorder,  were  first  associated  into 
groups.  The  distinctive,  separating  walls  soon  crum- 
bled away,  and  they  mingled  into  nations. 

Long  before  this  change  was  entirely  completed, 
the  earth  became  apportioned  off  into  separate  terri- 
tories of  larger  dimensions,  forming  empires,  which, 
like  so  many  great  political  individuals,  enjoyed  their 
savage  independence  in  all  its  unshorn  luxuriance. 
Their  movements  were  altogether  untrammelled ; no 
political  relations,  no  conventional  restraints,  no  jeal- 
ous watchfulness  of  surrounding  states,  curtailed  the 
unqualified  privilege  of  making  war  and  peace  at 
pleasure.  Their  cruelty  and  their  revenge  were 
limited  only  by  their  will  and  their  ability. 


35 


CONGRESS  OF  NATIONS. 


231 


But  international  customs  and  regulations  soon 
sprung  up,  having  the  effective  force  of  laws,  and 
from  that  moment  a system  has  been  growing  into 
existence,  whose  completion  will  associate  mankind 
into  one  great  federal  republic,  and  put  an  end  to  the 
effusion  of  their  blood.  A social  compact  of  nations 
has  been  forming,  a species  of  civil  government  has 
been  arranging  itself  into  a more  regular  order,  whose 
completion  shall  accompany  the  reign  of  uninterrupted 
and  eternal  peace.* 

Not  that  I suppose  the  time  will  ever  come,  when  a 
paramount  sovereignty  shall  be  established  over  nations, 
with  its  king  and  parliament,  or  its  president  and 
congress,  and  all  the  attributes  and  emblems  of 
supreme  authority.  To  this  the  sensitive  jealousy  of 
national  independence  never  would  submit;  nor  is 
such  an  establishment,  and  such  a resignation  of 
national  sovereignty,  at  all  needed  or  desired. 

It  has  been  remarked,  by  an  author  of  very  great 


* An  example  strikingly  illustrative  of  the  principles  we  have 
noticed,  and  corroborative  of  the  truth  of  the  position  we  have  endeav- 
ored to  establish,  occurs  among  tlie  snows  of  Iceland.  That  country 
was  peopled  by  many  independent  colonies  from  Norway,  at  the  time 
the  latter  was  conquered  by  Harold  with  the  beautiful  hair,  in  the 
year  878.  They  formed  themselves,  at  first,  into  separate  communities, 
with  elective  chiefs.  Confederacies  were  soon  formed,  which  gradu- 
ally became  fewer  and  more  comprehensive,  until  their  number  dimin- 
ished to  four,  each  occupying  one  of  the  four  divisions  into  which  the 
island  was  divided  by  the  ridges  of  Mount  Hecla.  At  last,  these  four 
confederated  into  a republic,  having  a common  council,  and  an  executive 
head,  in  which  condition  they  existed  in  peace  for  more  than  three 
hundred  years,  until  they  were  conquered  by  the  Danes.  A world  in 
miniature.  See  Wilson’s  Lectures  on  Law,  Vol.  I,  p.  332. 


232 


CONGRESS  OF  NATIONS. 


36 


celebrity,*  that  the  whole  object  of  government  is 
the  establishment  of  courts  of  justice ; and,  with  some 
qualifications,  the  remark  is  correct.  The  peaceable 
dispensation  of  justice  between  the  members  of  the 
compact,  forms  the  principal,  if  not  the  sole,  object 
for  the  establishment  and  continuance  of  empires. 
Fleets,  and  armies,  and  kings,  and  parhaments,  are 
nothing  more  than  a species  of  political  machinery, 
designed  and  introduced  as  the  most  judicious  means 
of  effecting  this  final  result.  Whenever,  therefore, 
owing  to  a more  favorable  combination  of  circum- 
stances, or  a more  happy  effort  of  human  ingenuity, 
means  can  be  secured  for  the  effectual  dispensation  of 
justice,  the  whole  object  and  intent  of  civil  government 
will  be  effectually  accomplished. 

The  energy  necessary  to  be  vested  in  a government, 
depends  upon  the  circumstances  in  which  the  com- 
munity is  placed,  and  the  objects  for  which  it  is 
associated.  When  warlike  operations  are  the  motives 
of  union,  efficiency  is  the  primary  object.  In  this 
case,  if  the  numbers  of  the  people  are  small,  so  that 
they  can  simultaneously  assemble  for  deliberation,  and 
become  actuated  by  a common  impulse,  a simple 
democracy  may  suffice ; as  was  the  case  with  many 
of  the  native  tribes  of  Germany  and  America.  But 
where  nations  have  become  extended  in  numbers  and 
territory,  some  more  energetic  mode  is  necessary. 
An  absolute  monarchy,  where  the  will  of  a single 
individual  can  wield  the  combined  energies  of  a 


* Mr.  Hume,  in  his  Essays. 


37 


CONGRESS  OF  NATIONS. 


233 


nation,  offers  the  most  striking  advantages ; and  this 
species  of  government  was  accordingly,  a few  centu- 
ries since,  almost  universally  adopted  by  the  nations 
of  Europe.  But  as  the  frequency  and  the  probability 
of  war  diminish,  popular  privileges  can  with  greater 
safety  be  permitted ; the  strong  propensity  of  man- 
kind for  liberty  can  be  indulged  with  less  danger  or 
inconvenience,  and  repubhcan  institutions  spring  into 
existence.  Still,  all  the  monarchical,  arbitrary  and 
tyrannical  features  of  even  the  most  liberal  govern- 
ment are  called  for,  and  kept  in  existence  by  the 
necessity  of  providing  for  the  exigences  of  war. 
The  most  serious  objection  ever  urged  against  popu- 
lar governments,  was  their  want  of  belligerent  energy. 
As,  therefore,  preparation  for  war  becomes  less  the 
ruling  motive  for  the  maintenance  of  government ; as 
precautions  against  external  attack,  which  furnish  the 
grounds  or  pretensions  for  the  most  insatiable  grasp- 
ings  of  authority,  become  less  expedient,  the  severity 
of  government  will  necessarily  become  more  and  more 
relaxed.  In  the  social  union  among  nations,  external 
attack  is  not  to  be  apprehended.  The  nature  of  the 
institution  adopted  for  the  administration  of  justice 
will,  therefore,  be  of  the  mildest  character;  some- 
thing, the  restraints  of  which  need  hardly  create  the 
consciousness  of  its  existence. 

Not  only  will  this  international  government  be  of  ' 
the  mildest  character,  possessing  little  more  than  moralj 
coercion,  but  its  influence  will  react  upon  the  separate 
members  of  the  compact.  War  being  abolished  in 
the  great  family  of  nations,  the  burdens  and  severities 


234 


CONGRESS  OF  NATIONS. 


38 


of  governments,  which  have  been  called  for  as  the 
means  of  effectual  attack  and  defence,  will  cease  to 
be  necessary,  and  will  soon  disappear.  Armed  ships, 
standing  armies,  the  arbitrary  authority  of  kings  and 
generals,  and  many  of  the  institutions  which  at 
present  consume  the  substance,  and  smother  or 
jeopard  the  liberty  of  the  people,  will  become  super- 
fluities, to  be  gradually  lopped  away.  Let  the  tyrants 
of  the  earth,  who,  for  ages  yet  to  come  would  fain 
hold  the  bodies  and  spirits  of  mankind  in  thraldom, 
endeavor  to  delay  this  political  millennium,  but  let  the 
friends  of  human  emancipation  arouse,  exult  and 
assist ! 

We  have  traced  the  progress  of  civilization  among 
individuals  and  smaller  communities.  A separation 
into  distinct  groups  is  the  first  step  towards  the  miti- 
gation of  savage  licentiousness,  and  the  establishment 
of  rational  liberty.  This  preliminary  separation  is 
rendered  unnecessary  in  the  case  of  nations ; the 
whole  form  but  one  single  group.  They  may,  there- 
fore, be  regarded  as  so  many  independent  inhabitants 
of  an  isolated  planet ; and  we  will  now  trace  some  of 
the  steps  by  which  they  have  advanced  to  a species 
of  conventional  civil  government. 

It  has  before  been  observed,  that  the  relations 
between  independent  nations  have  been  vastly  changed 
from  the  former  state  of  savage  barbarism,  and  that 
this  change  was  the  manifestation  and  even  the  very 
commencement  of  a great  social  compact.  It  may 
be  well  to  examine  a little  more  minutely  in  what  this 
change  consists. 


39 


CONGRESS  OF  NATIONS. 


235 


The  savage  nations  of  America  made  war  upon 
each  other  without  notice,  and  without  any  attempt 
at  excuse.  The  war-whoop  breaking  in  upon  the 
hunting-path,  or  the  midnight  slumbers  of  their 
devoted  victims,  was  the  declaration  of  hostilities. 
The  spoils  and  scalps  of  a successful  incursion  fur- 
nished a sufficient  justification  of  their  conduct  to 
themselves,  and  they  cared  for  no  one  else.  Each 
petty  community,  entirely  disconnected  from  the 
others,  intermeddled  with  none  of  their  concerns,  and 
questioned  none  of  their  proceedings,  which  did  not 
directly  interfere  with  its  own  interest  or  convenience. 
This,  to  a greater  or  less  extent,  is  true  of  all  nations 
in  their  rudest  state.  But  how  different  their  condi- 
tion, as  they  advance  towards  civilization!  Wars  are 
not  undertaken  by  the  nations  of  the  present  day 
without  plausible  reasons,  and  are  always  preceded 
by  a formal  proclamation,  or  at  least  by  a public 
manifesto.  These  proceedings  are  almost  as  neces- 
sary and  as  regular,  as  the  proper  commencement  of 
a suit  at  law. 

Again,  war  was  formerly  waged  against  the  persons 
and  property  of  the  enemy  indiscriminately.  To 
massacre  old  and  young,  of  either  sex,  under  circum- 
stances most  shocking  to  humanity  — to  lead  away 
the  most  valuable  captives  into  perpetual  bondage,  not 
from  motives  of  kindness,  but  from  the  incentives  of 
avarice  or  cruelty — to  plunder,  and  to  destroy  what- 
ever could  not  be  carried  away,  for  the  purpose  of 
creating  augmented  distress — these  were,  for  centu- 
ries, the  characteristics  of  national  hostilities.  But 


236 


CONGRESS  OF  NATIONS. 


40 


this  state  of  things  is  altogether  changed  at  the 
present  day.* * * §  No  one  can  legally  be  slain,  even 
though  he  be  an  enemy,  unless  he  be  engaged  in 
some  act  of  hostilities.  Captives  are  not  suffered  to 
be  treated  ivith  unnecessary  rigor;  the  only  object 
being  to  keep  them  safely  until  they  can  be  exchanged, 
or  until  a cessation  of  hostilities.f  Private  property, 
if  on  land,  is  respected,  or,  if  taken  to  satisfy  the 
pressing  wants  of  the  belligerents,  proper  and  reason- 
able amends  are  made  to  the  owner. J If  taken  at 
sea,  it  is  still  deemed  lawful  prize ; but  this  practice  is 
altogether  opposed  to  the  present  state  of  improved 
civilization,  and  is  almost  universally  condemned  by 
all  the  great  writers  on  the  laws  of  nations. 

Equally  great  is  the  change  in  the  direct  manage- 
ment of  hostilities.  The  employment  of  poisoned 
weapons  and  of  assassins  has  not  been  entirely  dis- 
continued till  within  a few  centuries.  Grotius^  bent 
the  whole  force  of  his  reason  and  eloquence  to  change 
these  and  similar  practices,  which  had  to  some  extent 
existed  till  his  day,  and  have  since  met  with  their 
advocates. II  But  they  are  now  entirely  discarded 
from  the  code  and  practice  of  nations. 

In  fact,  the  maxims  regulating  the  management  of 
war  are  in  some  respects  directly  inverted  in  modern 
times.  The  principle  is  now  advocated  and  profess- 
edly followed,  “that  nations  ought  to  do  each  other 


* Vattel,  book  3,  c.  viii. 

f Montesquieu,  Spirit  of  Laws,  book  15,  c.  ii. 

\ Kent’s  Commentaries,  i,  92. 

§ Book  3,  c.  iv,  V,  vii.  1|  Wolfius  and  Bynkershoeck. 


41 


CONGRESS  OF  NATIONS. 


237 


all  the  good  in  peace,  and  as  little  evil  in  war,  as  is  pos- 
sible, without  injury  to  their  true  interests,”* — a noble 
rule  of  action,  but  in  total  opposition  to  former  brutality. 

I would  here  remark,  that  if  war  be  advocated  for 
itself  as  a useful  institution,  if  it  be  deemed  neces- 
sary for  any  other  reason  than  the  want  of  a proper 
system  of  peaceful  arbitration,  then  is  all  this  amelio- 
ration entirely  out  of  place.  Better  that  it  should 
have  retained  all  its  former  horror ; for  why  patronize 
a practice,  and  at  the  same  time  rob  it  of  most  of  its 
characteristic  efficacy?  The  savage  who  consigns 
infants  and  mothers  to  indiscriminate  butchery — leads 
the  youth  of  his  enemy  to  captivity  or  death — gives 
their  fields  to  rapine  and  their  homes  to  conflagration, 
is  at  least  a consistent  warrior ; for  all  this  furthers 
the  great  object  of  his  hostilities.  But  the  civilized 
warrior,  who  wffilingly  deprives  his  chosen  occupation 
of  that  which  gives  it  most  of  its  distinctive  character 
and  effect,  exhibits  either  the  most  glaring  contradic- 
tion, or  the  greatest  refinement  of  cruelty.  Either 
his  moral  sense  gives  the  lie  to  his  pretended  princi- 
ples, or  else  his  object  is  the  prolongation  of  human 
torment ; and  his  moderation  results  from  his  fear  lest 
the  despatch  of  his  victims  should  diminish  too  rapidly 
their  capability  of  suffering. 

But  war  has  been  regarded  as  a sort  of  judicial 
tribunal.  “ Is  it  not  true,”  inquired  Gundebald  the 
Burgundian  king,  of  his  bishop,  “that  the  event  of 
national  wars  and  private  combats  is  directed  by  the 


Montesquieu,  Spirit  of  Laws,  book  1,  c.  iii. 


238 


CONGRESS  OF  NATIONS. 


42 


judgment  of  God,  and  that  his  providence  awards  the 
victory  to  the  juster  cause?”*  “War,”  says  Lord 
Bacon,  “is  one  of  the  highest  trials  of  right;  for,  as 
princes  and  states  acknowledge  no  superior  upon 
earth,  they  put  themselves  upon  the  justice  of  God, 
by  an  appeal  to  arms.”! 

War,  therefore,  at  the  present  time,  is  at  best  a 
mere  wager  of  battle,  for  the  purpose  of  settling 
national  controversies ; or  it  is  a species  of  trial  for 
determining  and  punishing  the  guilty.  It  is,  moreover, 
in  its  practical  operation,  becoming  not  a means  of 
affording  gratification  to  private  national  vengeance, 
but  a species  of  high  tribunal,  existing  by  general 
consent,  subject  to  general  regulations,  and  acting  as 
a public  avenger  of  the  violated  law  of  nations.  The 
change  now  proposed,  is  no  greater  than  that  effected 
in  the  municipal  regulations  of  their  respective  coun- 
tries, by  St.  Louis  or  Henry  the  second.  As  men  in 
those  times  voluntarily  accepted  the  peaceable  substi- 
tute, to  such  an  extent  that  the  sanguinary  tribunal 
fell  entirely  into  neglect,  so  we  may  safely  presume, 
that  nations  will  follow  a similar  course  under  the 
same  circumstances. 

The  similarity  before  adverted  to  between  the 
revolution  already  effected  in  the  case  of  individuals, 
and  that  now  going  on  in  the  case  of  nations,  is  not 
confined  to  the  conduct  of  war.  In  the  civil  ad- 
ministration, we  shall  find  a concordance  equally 
remarkable. 


* Gibbon’s  Rome,  iii,  447. 


t Bacon’s  Works,  Vol.  Ill,  p.  40. 


43 


CONGRESS  OF  NATIONS. 


239 


Prevention  is  better  than  cure.  To  divert  evil  is 
more  prudent  than  to  cope  with  it.  Private  quarrels 
frequently  arise  from  the  imperfection  of  municipal 
law ; wars  grow  out  of  alleged  infractions  of  the  law 
of  nations.  As  a wise  code  of  civil  regulations  is 
productive  of  internal  quiet,  so  the  establishment  of 
rules,  regulating  the  conduct  of  nations  under  all 
possible  circumstances,  would  anticipate  evil,  and 
almost  entirely  prevent  those  misunderstandings 
which  so  often  result  in  bloodshed.  Such  a process 
has  for  a long  time  been  in  operation,  and  the  code  of 
national  law  has  already  attained  a high  degree  of 
excellence. 

Savages  have  few  laws,  and  this  is  one  great  cause 
of  their  frequent  private  wars.  But  as  their  inter- 
course with  each  other  increases,  customs  will  spring 
up  which  even,  without  any  positive  enactments,  will 
regulate  the  most  important  and  most  frequently 
recun’ing  action  of  their  lives.  Thus,  in  England, 
until  the  time  of  Alfred  the  Great,  custom  and  the  law 
of  nature  had  almost  entirely  supplied  the  place  of 
written  and  positive  law.  These  were  collected 
together,  and  constituted  the  common  law  of  England, 
which  forms  the  basis  and  most  important  portion,  not 
only  of  English  jurisprudence,  but  also  of  our  own. 

The  final  establishment  of  this  common  law  was 
the  natural  precursor  of  a more  civilized  life.  The 
conquest  of  the  Normans  caused  a tremendous  ebb 
in  this  tide  of  improvement;  and  feudal  barbarism 
seemed  for  a time  to  obscure  the  dawn  of  Saxon 
refinement.  But  when  this  obstacle  was  in  some 


240 


CONGRESS  OF  NATIONS. 


44 


degree  removed,  when  the  laws  of  Alfred  had  to  a 
considerable  extent  been  restored,  the  career  of 
improvement  again  commenced,  and  has  been  contin- 
ually accelerating,  from  that  day  to  this. 

This  progress  of  civilization  among  nations  has 
already  attained  a more  advanced  stage  than  existed 
among  the  Anglo-Saxon  nations  at  the  time  of  the 
Conquest.  The  same  causes  which  gave  origin  to 
the  elements  of  the  common  law,  have  been  in  active 
operation  among  nations,  and  with  a like  result.  By 
long  intercourse,  customs  have  sprung  up,  disputed 
principles  have  become  established,  and  the  dictates 
of  reason  and  conscience,  as  applied  to  nations,  have 
been  recognized  and  acquiesced  in.  These  furnish 
the  materials,  which,  having  been  collected,  consti- 
tute the  code  of  nations  — the  common  law  of  states 
and  empires. 

This  grand  digest  is  as  perfect  and  particular  as  the 
code  of  Alfred.  By  it,  the  rights  and  duties  of  inde- 
pendent states,  under  all  ordinary  circumstances,  are 
clearly  and  particularly  defined.  The  relations  of 
peace  and  war,  of  the  belligerent  and  the  neutral,  of 
the  victor  and  the  vanquished,  are  all  discussed  and 
ascertained,  and  such  a spirit  of  justice  and  liberality 
breathes  throughout  the  whole  system,  as  recom- 
mends it  irresistibly  to  the  approbation  of  every  in- 
telligent reader — to  the  adoption  of  every  enlightened 
nation. 

As  the  common  law,  with  all  the  statutory  modifi- 
cations and  improvements  which  it  has  ever  received, 
do  not  clearly  make  provision  for  every  possible 


45 


CONGRESS  OF  NATIONS. 


241 


contingency,  but  requires  the  expositions  and  decis- 
ions of  judicial  tribunals,  in  order  to  secure  internal 
quiet,  so,  to  whatever  degree  of  excellence  the  law  of 
nations  may  have  attained,  causes  of  irritation  and 
disagreement  must  necessarily  arise,  for  the  peaceable 
adjustment  of  which  we  must  make  some  effectual 
provision,  if  we  would  avoid  a resort  to  violence. 
This  is  one  of  the  principal  objects  that  engage  the 
attention  of  the  friends  of  peace  at  the  present  day. 

It  may  be  supposed,  that  the  law  of  nations  is 
placed  upon  a very  different  footing  from  that  of 
the  common  law  of  England.  The  latter  had  a king 
for  its  lawgiver,  and  was  enforced  by  all  the  potency 
of  regal  power,  wielded  by  able  hands.  The  former 
may  be  looked  upon  as  the  production  of  some 
obscure  individuals,  whose  suggestions,  although  they 
address  themselves  powerfully  to  the  reason  of 
mankind,  are  still  altogether  unprovided  with  physical 
force  to  compel  obedience. 

They  who  reason  thus  are  in  error.  Grotius, 
Vattel,  and  their  compeers,  were  not  the  legislators  of 
the  republic  of  nations.  They  were  the  mere  scribes  or 
compilers  of  the  law.  Reason  and  custom  are  the 
lawgivers,  public  opinion  the  enforcing  sanction. 

If  it  be  said,  that  this  last  has  not  the  qualities 
necessary  to  ensure  obedience,  I reply.  Where  is  the 
nation  that  dares  set  it  at  defiance  ? Over  empires  as 
well  as  individuals,  it  exerts  a sway  more  effectual 
than  the  most  coercive  municipal  regulations.  Nor 
does  the  constraining  force  of  public  opinion  consist 
in  the  mere  commendation  or  disapproval  of  the  acts 

31 


242 


CONGRESS  OF  NATIONS. 


46 


of  an  individual  or  a nation.  In  civil  societies,  he 
who  sets  at  naught  the  public  sentiment,  is  soon 
banished  from  social  intercourse  with  his  fellows,  and 
subjected  to  many  and  real  inconveniences.  In  the 
society  of  nations,  that  particular  member  who  trans- 
gresses the  rules  which  custom  and  reason  have 
established  for  the  guidance  of  all,  is  shut  out  from 
the  advantages  of  a friendly  association  with  the  other 
members,  and  becomes  an  outlaw.  Thus  it  was  with 
some  of  the  states  of  Barbary.  Thus  it  is  with  pirates 
and  banditti,  who  are  hunted  from  the  face  of  the 
earth  and  ocean ; and  thus  it  would  be  with  any  state 
or  nation,  however  wealthy  or  powerful,  which  should 
set  at  defiance  the  common  law  that  has  been 
received  and  acknowledged  as  obligatory  upon  all. 
The  sanction  of  national  law  is,  therefore,  perhaps 
more  efficient  than  that  of  municipal  law  in  the  best 
regulated  governments. 

It  is  universally  admitted  to  be  the  certainty  of 
detection  and  punishment,  rather  than  the  severity, 
which  deters  from  the  violation  of  law  and  justice.  The 
probability  of  avoiding  discovery,  which  is  one  of  the 
greatest  inducements  to  individual  transgression,  can 
never  influence  nations,  and  consequently  evident 
infractions  of  their  code  are  extremely  rare.  What- 
ever may  be  the  restraining  force,  whether  moral  or 
physical,  is  of  no  great  importance,  provided  it  be 
effectual. 

Not  only  have  nations  a common  law,  but  they 
have  the  capability  of  adopting  positive  enactments ; 
and  this  power  they  have  frequently  exercised.  A 


47 


CONGRESS  OF  NATIONS. 


243 


treaty  between  two  or  more  nations,  or  any  conven- 
tional regulation,  is  a statute  obligatory  upon  the 
consenting  parties,  having  received  the  most  legiti- 
mate enactment  and  the  most  sacred  of  all  possible 
sanctions, — the  voluntary  assent  of  the  parties  thereby 
obligated. 

Nations  are,  therefore,  very  far  from  a state  of 
natural,  unqualified  independence.  They  have 
already,  though  perhaps  unconsciously,  formed  a 
species  of  social  compact,  which  is  almost  matured 
into  an  elfectual  civil  government.  They  have 
abolished  the  most  glaring  features  of  savage  licen- 
tiousness ; they  have  formed  a federal  republic  ; they 
have  adopted  a code  of  laws ; they  are  provided 
with  the  means  of  enacting  others,  and  they  have  the 
effective  ability  of  enforcing  all  their  regulations.  We 
are  now  endeavoring  to  obtain  the  enactment  of  a 
great  national  statute,  abolishing  for  ever  a barbarous 
and  bloody  institution,  and  substituting  a system 
founded  on  the  principles  of  reason  and  humanity,  at 
present  professed  by  all  the  civilized  nations  of  the 
earth. 

It  is  an  observation  of  the  Marquis  of  Beccaria,  that 
the  customs  of  nations  are  always  one  or  two  centu- 
ries behind  their  refinements.  The  truth  of  this 
remark  is  no  where  more  strikingly  illustrated  than  in 
the  subject  now  before  us.  We  behold  nations  who 
pride  themselves  upon  their  humanity,  — who  have 
made  the  most  surprising  advances  in  civilization  and 
learning,  — nations  who  have  reduced  the  laws  regu- 
lating individual  transactions  to  such  a state  of 


244 


CONGRESS  OF  NATIONS. 


48 


refinement  that  no  difficulty,  however  insignificant, 
can  present  itself,  which  has  not  its  appropriate  and 
peaceable  remedy,  — we  behold  those  same  nations, 
in  their  controversies  with  each  other,  still  resorting  to 
a modified  species  of  the  same  means  of  redress  Avhich 
the  savage  and  even  the  wild  beast  have  ever 
employed.  Such  a singularity  is  to  be  principally 
attributed  to  the  fact,  that  custom  has  thus  far  given 
it  perpetuity.  No  one  has  thought  of  producing  a 
reformation,  because  the  idea  has,  in  various  shapes, 
been  continually  presented  to  him  from  his  infancy, 
that  nations  have  no  other  means  of  accommodating 
their  quarrels. 

But,  although  customs  are  always  thus  in  rear  of 
civilization,  they  are  sure  to  follow  on  in  its  footsteps, 
however  respectful  the  distance.  It  may  be  long 
before  the  obstacles  that  prevent  alteration  can  be 
surmounted,  but  that  time  will  surely  come ; and 
whenever  a breach  in  the  barrier  is  once  effected,  — 
whenever  the  current  of  public  effort  begins  to  wear 
down  the  obstruction,  however  indurated  by  age, — it 
will  continue  its  operation  until  all  is  reduced  to  the 
common  level  of  modern  refinement  and  civilization. 
The  commencement  of  such  an  event  is  already  made. 
Public  attention  is  turned  to  the  subject,  and  the 
barbarous  institutions  of  antiquity,  however  inveterate 
by  age  and  strengthened  by  custom,  shall  crumble 
before  the  progress  of  modern  innovation  and 
improvement.  Our  present  effbrt  is  to  place  one 
single  subject  on  a level  with  surrounding  establish- 
ments, in  point  of  refinement,  humanity,  and  reason. 


49 


CONGRESS  OF  NATIONS. 


245 


This  measure  is  not  such  an  innovation  upon 
established  customs  and  institutions  as  to  constitute  in 
itself  an  entire  revolution.  As  the  final,  effectual 
establishment  of  civil  government,  the  abohtion  of  the 
barbarous  and  bloody  tribunals  which  were  the 
offspring  and  emblem  of  human  ignorance  was  but 
the  completion  of  a system  originating  in  the  remotest 
antiquity  and  gradually,  but  constantly  progressing 
through  all  succeeding  ages ; so  the  final  adoption  of 
peaceful  remedies  for  national  controversies  is  but  the 
termination  of  a great  social  revolution  in  the  condi- 
tion of  nations.  It  is  not  a change  of  modern  origin. 
It  begun  when  the  first  modification  was  introduced 
in  the  ferocity  of  savage  warfare  — when  the  first 
amicable  understanding  diminished  the  frequency  of 
scenes  of  human  slaughter.  It  advanced  with  every 
succeeding  triumph  of  humanity.  It  strengthened 
with  the  introduction  of  every  pacific  custom.  The 
moral  sense  of  mankind  has  been  continually  urging 
the  change  forward,  though  unconscious  of  its  natural 
termination.  We  wish  to  cause  this  revolution  to 
proceed,  without  shock  or  convulsion,  merely  through 
another  sign  of  the  great  pohtical  zodiac,  and  the 
eyes  of  grateful  humanity  shall  overflow  with  tears  of 
gratitude. 

There  are  many  indications  that  some  radical 
change  of  this  nature  will  ere-long  be  effected.  A 
general  restlessness  always  evinces  the  existence 
and  the  consciousness  of  some  great  fundamental 
evil.  The  fever-racked  patient,  sensible  of  pain,  but 
ignorant  of  cure,  tosses  from  side  to  side,  and  adopts 


246 


CONGRESS  OF  NATIONS. 


50 


with  eagerness  every  prescription  that  promises  allevi- 
ation of  immediate  suffering,  until  at  length  medical 
skill  ascertains  the  seat  and  remedy  of  the  disease. 
Thus  with  nations,  the  immediate  causes  of  their  most 
intense  wretchedness  have  been  long  since  discovered, 
and  by  common  consent  removed.  A general  uneasi- 
ness, and  a desire  of  remedying  the  operation  of 
present  establishments,  indicated  inherent  evil.  By 
degrees  they  have  ascended  nearer  the  prime  source 
of  their  unhappiness,  and  one  after  another  the 
exterior  causes  of  evil  have  become  manifest,  and 
have  been  removed.  The  ultimate  source  of  their 
torment  is  now  discovered  to  consist  in  the  very 
system  of  war-making,  and  many  unsuccessful  efforts 
have  been  made  to  annihilate  the  entire  practice. 
But  we  now  begin  to  be  sensible  that  the  final  and 
effectual  remedy  consists  in  the  adoption  of  some 
rational  and  efficacious  substitute ; and  this,  we  believe, 
will  be  provided  and  accepted. 

In  fact,  the  elements  of  the  success  of  any  important 
measure  must  be  derived  from  the  prevaihng  senti- 
ment of  the  great  multitude  of  mankind.  Popular 
leaders  sometimes  seem  to  wield  the  multitude  at 
pleasure ; but  it  is  only  because  they  have  the  sagacity 
to  perceive  in  what  manner  that  strength  can  be 
effectually  exerted.  The  mechanic  seems  to  subject 
the  elements  to  his  control ; but  it  is  only  by  studying 
the  natural  laws  of  those  elements  and  adapting  his 
machinery  to  their  operation.  Thus  the  successful 
statesman  or  politician  sees  in  what  direction  the 
current  is  setting,  and  shapes  his  conduct  accord- 


51 


CONGRESS  OF  NATIONS. 


247 


ingly.  It  is  true,  that  by  sailing  along  with  the 
popular  flood,  and  by  taking  advantage  of  particular 
conjunctures,  they  may  divert  it,  in  some  slight 
degree,  from  its  natural  channel ; but  as  well  might 
they  attempt  to  chain  the  torrent,  or  arrest  the 
tornado,  as  to  turn  back  the  tide  of  public  feeling  and 
public  exertion  from  the  direction  in  which  they  are 
impelled  by  the  great  laws  of  their  nature. 

Aside  from  the  considerations  already  presented, 
there  are  many  circumstances  tending  to  justify  the 
confidence  that  our  schemes  are  not  chimerical. 
Among  these,  may,  in  the  first  place,  be  reckoned  the 
general  disapprobation  and  aversion  to  war  in  the 
abstract  — the  diminution  of  the  blind  admiration  of 
military  glory.  Where  now  is  the  frenzied  infatua- 
tion, with  which  the  multitude  once  regarded  the 
successful  career  of  the  conqueror  — the  baleful 
meteor  of  death  1 It  was  the  unaccountable  fascina- 
tion of  the  victim  admiring  the  fangs  of  the  serpent, 
into  whose  jaws  it  was  impelled  by  the  influence  of 
an  irresistible  charm.  But  the  spell  is  broken.  The 
time  has  gone  by,  when  men  were  willing  to  risk 
substantial  good,  and  certain  happiness,  for  the  bare 
hope  of  empty  renown  and  destructive  victory  — 
when  acts  the  most  murderous  were  deemed  the 
most  noble  — when  all  the  calculations  made  in  the 
cabinets  of  sovereigns  were  directed  to  the  solution  of 
the  bloody  problem,  ‘Tn  what  manner  the  greatest 
number  of  men  can  be  slain  in  the  least  possible 
time.”*  Tamerlane,  who  piled  his  pyramid  of  seventy 


* Filangieri,  Science  of  Legislation,  Introduction,  p.  17. 


248 


CONGRESS  OF  NATIONS. 


52 


thousand  human  heads,  and  who  spilt  blood  enough 
to  have  made  a lake  that  would  have  drowned 
himself  and  his  army  at  once, — Alexander  and 
Gengis  Khan  who  paved  with  slaughter  their  path  to 
empire,  and  triumphantly  waved  their  banners  dipped 
in  blood,  over  the  sepulchre  of  nations,  are  denounced 
as  human  butchers,  not  admired  as  human  deities. 
Even  Napoleon,  the  brilliancy  of  whose  deeds  dazzle 
from  their  proximity,  and  who  seems  in  some  of  his 
acts  to  have  aimed  at  nobler  objects  than  self-eleva- 
tion on  human  ruin  and  wretchedness,  begins  to 
appear  in  so  dubious  a light,  that  men  scarce  know 
whether  most  to  wonder  or  abhor.  So  marked  a 
change  in  the  general  sentiment  prognosticates  the 
overthrow  of  the  whole  system  of  legalized  butchery. 

We  are  furnished  with  additional  reasons  for  a like 
conclusion,  by  the  fact,  that  the  great  causes,  which 
for  so  long  a time  have  created  and  kept  alive  a war- 
like propensity,  are  fast  fading  away.  Among  the 
most  powerful  of  these,  may  be  reckoned  the  influence 
of  religion.  The  gods  worshipped,  when  warlike  cus- 
toms originated  and  became  established,  were  mostly 
belligerent.  Valor  was  the  cardinal  virtue.  Among 
many  nations,  the  slaughter  of  an  enemy  was  an  act 
which,  more  than  any  other,  entitled  the  perpetrator 
to  paradise,  and  was  in  all  countries  highly  acceptable 
to  the  divinities  there  worshipped.  Now,  the  religion 
professed  by  all  the  leading  nations  of  the  earth  is  one 
which  enjoins  mercy,  forgiveness,  gentleness  and 
peace.  It  discountenances  revenge  and  bloodshed ; 
it  commands  love  to  our  neighbors ; and  our  neighbors 


53 


CONGRESS  OF  NATIONS. 


249 


are  all  mankind.  Although  this  religion  has  for  a long 
time  existed,  these  doctrines  have  never  been  so 
particularly  inculcated  as  at  the  present  day ; and  the 
effects  must  be  correspondent  to  the  cause. 

Literature  has  been  another  most  powerful  agent  in 
feeding  the  warlike  propensity ; and  this  is  also 
undergoing  a vital  and  happy  change.  In  former 
ages,  it  was  altogether  calculated  to  arouse  and 
foster  a martial  feeling.  The  poems,  the  histories,  the 
orations,  which  for  centuries  have  delighted  mankind, 
have  been  replete  with  the  praises  of  heroes  and 
conquerors.  These  pictures  and  descriptions  have 
been  seized  upon,  amplified  and  issued  at  second- 
hand, or  assumed  as  a species  of  model  by  every 
imitator,  from  that  day  to  this.  The  admiration 
produced  by  the  skill  or  ability  of  an  author  has 
been  transferred  to  the  scenes  and  actions  described, 
and  has  kindled  a natural  desire  to  imitate  the  heroes 
of  his  panegyric.  A magical  delusion  has  been 
attempted,  and  in  a great  degree  effected.  The  battle- 
field, with  its  promiscuous  carnage  of  men  and  horses, 
covered  with  clotted  gore,  and  the  frozen  fragments 
of  bodies,  — which  else  had  now  been  warm  with 
youth,  and  health,  and  happiness,  blessing  and 
being  blessed, — is  represented  as  the  field  of  glory. 
The  devastation  of  fruitful  fields,  the  destruction  of 
happy  homes,  the  cleaving  down  of  the  liberties  of  a 
free,  and  prosperous,  and  happy  people,  appear  under 
the  guise  of  a splendid  conquest.  The  tears  and 
execrations  of  a nation  of  widows  and  orphans,  and 
childless  parents  — the  smothered  groans  of  an 

32 


250 


CONGRESS  OF  NATIONS. 


54 


enslaved  people  — these  sound  the  trump  of  everlast- 
ing fame  for  the  author  of  such  accumulated  miseries ; 
more  loud,  and  more  lovely,  in  proportion  as  they  are 
mingled  more  deeply  with  tones  of  despair!  And 
men  have  listened,  and  admired,  and  have  been  made 
the  dupes  of  their  imaginations.  While  their  passions 
could  be  kept  alive,  or  their  fancies  sufficiently 
excited,  they  lost  sight  of  the  real  miseries  they  were 
assisting  to  bring  upon  themselves,  and  shouted 
hosannas  to  the  bloody  idol  whose  car  was  crushing 
them  to  the  dust.  But  this  infatuation  could  not 
always  last ; ages  of  suffering  will  at  length  make  the 
most  enthusiastic,  or  the  most  stupid,  sensible  of 
realities.  In  spite  of  all  obstacles,  moral  and  physical, 
men  are  at  length  awaking  from  their  long-enduring 
trance.  The  scales  of  delusion  are  falling  from  the 
eyes  of  nations,  and  the  literature  of  the  age  is  turned, 
and  is  flowing  with  the  general  current.  At  the 
present  day,  he  is  more  applauded  who  crowns  a 
country  with  peace  and  plenty,  than  he  who  covers  it 
with  bones  and  putrefaction  — he  who  builds,  than 
he  who  burns,  a city  — he  who  has  founded  a wise 
system  of  laws,  than  he  who  has  overturned  it  — he,  in 
short,  whose  fame  is  associated  with  the  happiness  of 
his  race,  than  he  who  has  wantonly  hurled  the  fire- 
brand of  destruction  into  the  home  of  that  happiness, 
though  the  smoke  and  glare  of  its  conflagration 
should  reach  the  heavens,  and  the  crash  of  its  ruins 
shake  the  earth  to  its  centre.  When  we  reflect  upon 
the  influence  exerted  by  a ballad,  or  a tale,  shall  we 
hesitate  to  hope  the  most  blessed  results  from  this 
change  in  the  literature  of  the  present  age? 


55 


CONGRESS  OF  NATIONS. 


251 


The  office  of  literature  is  not  to  originate  national 
taste,  but  to  fall  in  with  and  take  advantage  of  it.  It 
is  not,  therefore,  a cause,  but  a mere  manifestation,  of 
public  opinion.  Homer  did  not  give  rise  to  a relish 
for  such  deeds  as  he  has  so  glowingly  described,  any 
more  than  he  created  the  event  itself  which  he  has 
thus  embellished.  He  merely  fanned  the  flame  which 
he  found  already  blazing.  Public  sentiment  and 
national  taste,  though  they  may  thus  be  strengthened 
and  perpetuated,  cannot  be  thereby  created  entire. 
They  result  from  natural  causes ; and  a change  in 
these  antecedents  will  produce  a corresponding  change 
in  all  the  consequences. 

In  every  age  and  country,  that  will  be  esteemed 
virtue,  and  become  the  theme  of  admiration  and 
applause,  which  is  deemed  generally  beneficial.  Thus, 
in  the  early  ages  of  the  world,  when  the  very  pos- 
session of  a thinly  settled  country  was  sometimes 
disputed  between  savage  beasts  and  almost  equally 
savage  men — when  associations  for  mutual  protection 
against  robbers  and  marauders  were  unknown,  unaid- 
ed courage  and  physical  strength  were  qualities  of 
greatest  utility,  and  became  the  most  frequent  theme 
of  poetry  and  fable.  Thus  we  find  Theseus  and 
Hercules  striving  alone  with  monsters,  and  dragons, 
and  beings  known  only  in  the  extravagances  of  fiction. 
The  strong  arm,  which  could  protect  the  weak  from 
aggression  and  injury,  was  one  of  the  most  evident 
of  human  benefactors,  and  was  extolled  and  magni- 
fied as  such.  Afterwards,  when  men  became  more 
distinctly  associated  into  communities,  and  had  banded 


252 


CONGRESS  OF  NATIONS. 


56 


themselves  together  for  mutual  protection  and  defence, 
the  valiant  and  successful  leader  of  his  band  is  the 
most  conspicuous  object  of  public  admiration.  Then 
flourished  a Hector,  or  an  Achilles,  sometimes  a 
leader,  and  sometimes  a champion.  Afterwards  a 
Miltiades,  an  Epaminondas,  or  an  Alexander,  a Han- 
nibal, a Marius,  or  a Scipio,  sometimes  a leader,  and 
sometimes  a general.  As  armies  grow  more  numer- 
ous, and  organization  and  discipline  become  more 
complete,  it  is  not  the  leader  who  charges  at  the  head 
of  his  squadron,  but  the  general  who  stands  aloof, 
and  directs,  with  coolness  and  effect,  the  combined 
movements  of  a battle,  or  a campaign,  that  is  deemed 
a nation’s  firmest  support,  and  is,  therefore,  thought  to 
deserve  the  greenest  crown  of  laurel.  When  this 
change  had  been  rendered  complete,  the  objects  of 
highest  public  admiration  were  a Conde,  a Turenne, 
a Marlborough,  or  a Napoleon,  guiding  the  evolutions 
of  the  most  formidable  armies,  and  deciding  by  a 
battle  the  fortunes  of  the  mightiest  empires.  Gradu- 
ally, as  the  efforts  of  the  warrior  began  to  be  of  less 
evident  utility,  and  the  prosperity  of  civil  institutions 
became  an  object  of  primary  importance,  the  states- 
man— the  advocate  of  popular  liberty — the  author  of 
some  highly  valuable  invention — the  projector  of 
some  splendid  public  improvement — the  discoverer 
of  some  great  scientific  or  mechanical  truth,  is  appre- 
ciated, and  lauded,  and  emulated.  Then  appear  in 
the  highest  niches  in  the  proud  temple  of  fame  the 
names  of  Chatham  and  Jefferson,  of  Fox  and  Sheri- 
dan, of  Brougham  and  Burke,  of  Newton  and  La 


57  CONGRESS  OF  NATIONS.  253 

Place,  of  Fulton  and  Clinton,  of  Davy  and  Cuvier, 
and  an  increasing  host  of  kindred  spirits,  who  lived 
but  to  bless,  and  died  but  to  be  immortal.  Through- 
out all  these  successive  stages,  national  literature 
follows  on  after  each  of  these  natural  and  necessary 
changes  in  national  feeling.  The  latter  precedes,  at 
a considerable  distance,  the  progress  of  the  former; 
but  this  is  like  the  shadow  that  is  sure  to  keep  in  the 
vicinity  of  the  substance.  But  poetry  and  fiction 
generally  fix  their  eyes  upon  the  past,  and  tend  to 
create  an  admiration  for  the  virtues  of  olden  time. 
They  thus  prolong  the  relish  for  any  species  of  glory, 
for  ages  after  the  circumstances  which  called  it 
into  being  have  passed  away.  Thus,  an  emulation  of 
ancient  heroes  is  said  to  have  been  kindled  in  the 
bosom  of  the  emperor  Commodus.  He  styled 
himself  the  Roman  Hercules,  and  fancied  he  was 
reaping  immortal  honor,  by  the  slaughter  of  wild 
beasts,  in  the  city  of  Rome,  which  had  been  caught, 
and  caged,  and  let  loose  for  that  express  purpose.* 
Thus,  too,  the  emperor  Trajan, f and  Charles  the 
Twelfth,  of  Sweden,!  endeavored  to  imitate  the  career 
of  Alexander,  under  circumstances  totally  different 
from  those  which  enabled  their  prototype  to  obtain 
his  ensanguined  renown ; and  thousands  of  others 
have  undoubtedly  been  acted  upon  in  a similar 
manner.  This  dangerous  and  ridiculous  rivalry  may, 
with  justice  and  certainty,  be  ascribed  to  the  praises 


* Gibbon,  i,  105.  f Gibbon,  i,  7. 

I Voltaire’s  History  of  Charles  the  Twelfth. 


•254 


CONGRESS  OF  NATIONS. 


58 


bestowed  on  the  heroes  of  former  ages  in  some  of  the 
thousand  ramifications  of  literature. 

But  this  effect,  although  lasting,  has  its  limit  of 
duration.  What  reasonable  man  would  now  think  of 
arraying  himself  with  a lion’s  skin,  or  of  providing 
himself  with  the  club,  the  bow,  and  the  quiver  of 
Hercules,  and  endeavoring  to  obtain  a Herculean 
renown  1 Or  who,  at  this  day,  feels  such  an  admira- 
tion for  the  renown  of  Alexander,  or  that  of  any 
other  human  destroyer,  as  would  cause  him  to  covet 
their  fame,  to  the  exclusion  of  that  of  some  of  the 
great  public  benefactors  of  mankind  1 Or  what  author, 
having  any  regard  for  his  reputation,  would  now  make 
them  the  subject  of  unqualified  panegyric?  If  such 
a change  has  been  produced  by  the  irresistible  effect 
of  natural  causes,  while  literature  was  all  the  while 
exerting  a retarding  force,  how  much  more  rapid 
must  be  its  progress  now,  when  that  force  has  become 
accelerative?  The  alteration  of  public  feeling  thus 
urges  on  the  change  in  literature,  which,  in  its  turn, 
reacts  with  renewed  force  to  effect  the  general  revo- 
lution. An  advance  of  the  one  thus  increasing  that 
of  the  other,  the  united  operation  of  both  will  soon 
become  resistless  and  their  effect  complete.  When 
the  public  sentiment  is  prepared  for  it,  the  change 
must  follow. 

The  same  cause  produces  an  effect  in  another 
manner.  The  many  busy  and  restless  spirits  who 
were  sighing  for  exertion,  and  who  coveted  the  fame 
found  on  the  battle-field,  have  frequently  been  the 
fomenters  and  exciters  of  national  animosities  and 


59 


CONGRESS  OF  NATIONS. 


255 


collisions.  But  the  altered  condition  of  the  world  has 
opened  new  opportunities  for  their  enterprise,  and 
offered  new  objects  of  desire  to  their  ambition. 
Every  ocean  and  continent  is  explored,- — every 
mountain  is  scaled- — every  sea  is  whitened  with  can- 
vass— every  country  is  checkered  with  the  improve- 
ments of  art; — and  all  this  is  done  by  the  same 
daring  ambition  which  once  led  men  to  face  the 
cannon’s  mouth.  The  object  of  active  ambition  can 
be  thus  accomplished,  without  violating  the  best 
feelings  of  humanity.  The  same  materials  are  now 
employed  in  enhancing  human  happiness,  which 
formerly  wrought  out  the  extremity  of  human  misery ; 
and  a vent  is  given  to  the  powerful  and  dangerous 
spirit  which  formerly  was  exerted  but  to  ruin.  Or, 
rather,  this  powerful  agent  has  been  subdued,  and 
made  to  cooperate  in  the  great  system  of  human 
amelioration ; as  though  alcohol  or  gunpowder  could 
be  made  to  lend  their  potent  aid  to  promote  the  hap- 
piness and  prosperity  of  mankind,  instead  of  exerting 
their  utmost  energies  in  hastening  forward  the  rapid 
progress  of  disease  and  death. 

Perhaps  nothing  has  heretofore  tended  more  directly 
to  feed  the  torch  of  discord  among  nations,  than  the 
narrow  feeling  of  prejudice,  and  the  bitter  national 
animosities  which  sovereigns  have  frequently  made  it 
their  policy  to  preserve  and  foment.  Not  feeling 
sufficient  confidence  in  the  allegiance  of  their  subjects, 
they  have  endeavored  to  strengthen  its  effect,  by 
arousing  and  preserving  a feeling  of  hostility  to  all  the 
world  besides.  They  have  thus  endeavored  to  com- 


256 


CONGRESS  OF  NATIONS. 


60 


pensate  for  the  weakness  of  internal  attraction,  by  the 
application  of  external  pressure.  Strictly  confined  to 
the  limits  of  their  own  immediate  country,  sustaining 
few  or  no  reciprocal  relations  of  amity,  and  engaged 
in  frequent  and  exasperated  hostilities,  the  members 
of  contiguous  states  naturally  acquired  for  each  other 
feelings  of  the  most  bitter  and  revengeful  animosity. 
A magazine  of  the  most  combustible  materials  was 
thus  kept  constantly  in  existence,  awaiting  but  a 
single  spark  to  kindle  it  into  the  most  furious  and 
fatal  conflagration.  For  more  than  one  half  of  the 
last  three  hundred  years,  England  and  France  have 
been  most  earnestly  engaged  in  the  diabolical  work  of 
mutual  destruction.  Peace  has  generally  been  a mere 
respite  to  prepare  for  renewed  hostilities ; and  war 
has  been  permitted  to  terminate  only  from  a mutual 
consciousness  of  exhaustion.  Does  any  one  believe 
this  rapid  reiteration  of  embittered  conflict  has  been 
for  the  vindication  or  establishment  of  any  great 
principle,  or  to  obtain  satisfaction  for  any  grievous 
insult  1 Or  has  it  not  rather  resulted  from  uncompro- 
mising national  antipathies?  But  a great  alteration 
has  taken  place  in  this  particular.  The  iron  bands  of 
separation,  which  prevented  nations  from  commingling, 
have  melted ; illiberal  prejudices  have  vanished ; the 
exclusive  and  unsocial  feeling  of  strict  nationality  has 
been  worn  away ; a free  intercourse  is  given  to  the 
citizens  of  different  states ; international  commerce  is 
permitted  and  encouraged ; intimacies  spring  up 
between  persons  residing  on  opposite  sides  of  the 
division  lines  of  nations ; they  reside  in  the  territories 


61  CONGRESS  OF  NATIONS.  257 

of  each  other  and  find  mutual  protection ; they  form 
friendships  ; they  intermarry.  Foreigners  are  no 
longer  regarded  as  hereditary  enemies ; the  whole 
world  of  mankind  is  looked  upon  as  their  kindred. 
Patriotism  ceases  to  be  confined  to  the  immediate 
land  of  their  birth,  but  extends  to  the  whole  family 
of  man.  They  become  citizens  of  the  world ; they 
take  each  other  by  the  hand ; the  dormant  feeling  of 
consanguinity  kindles  into  awakened  life,  and  the 
cordiality  of  kinsmen  succeeds  to  the  exasperation  of 
foes.  Will  men,  in  such  a situation,  long  continue  a 
system  w^hich  obliges  them  to  cut  each  others’  throats 
without  personal  provocation  ? 

Another  obstacle  to  the  permanent  peace  of  the 
world  has  been  removed  by  the  extending  influence 
of  the  spirit  of  liberty.  It  has  before  been  remarked, 
that  war  w^as  hostile  to  the  existence  of  free  institu- 
tions. I will  now  observe,  that  the  converse  of  the 
proposition  is  equally  true,  and  that  the  increasing 
establishment  of  popular  rights  will  have  an  irresistible 
effect  in  bringing  about  a state  of  lasting  tranquillity. 
The  people  are  always  the  sufferers  by  a war.  They 
already  feel  this,  or  will  soon  discover  it ; and  when 
the  power  of  applying  the  remedy  is  placed  in  their 
own  hands,  will  they  not  use  it  7 When  the  nation 
was  deemed  the  property  of  the  sovereign,  created 
solely  for  his  pleasure,  and  obligated  to  implicit  and 
passive  obedience, — when  the  only  legitimate  remedy 
for  governmental  misrule,  however  flagrant,  was  deemed 
to  be  “to  pray  God  to  change  the  hearts  of  the  rulers,” 
— then  the  insulted  pride,  the  unexpiated  vengeance. 


33 


258 


CONGRESS  OF  NATIONS. 


62 


or  the  sheer  caprice  of  the  reigning  monarch  might 
at  pleasure  impel  a nation  of  obedient,  unquestioning 
slaves  to  battle  and  to  death.  The  maxim  then  was, 
that  the  people  were  created  for  the  government.  It 
has  now  become  inverted,  and  the  government  is 
deemed  to  exist  solely  for  the  benefit  of  the  people, 
and  bound  to  take  all  reasonable  measures  for  the 
security  of  their  happiness ; and  if  this  be  neglected 
or  refused,  the  right  is  claimed,  and  sometimes  exer- 
cised, of  effecting  even  a violent  change  in  the 
paramount  authority.  Men  are  not  born  in  a state  of 
thraldom.  Allegiance  and  protection  are  still  recipro- 
cal duties ; but  they  apply  rather  to  those  who  may 
happen  to  reside  within  a certain  district,  than  to 
those  who  were  born  there.  Laws  afford  the  same 
indiscriminate  security  to  all  within  their  immediate 
influence.  They  are  not  regarded  as  a set  of  inde- 
pendent and  opposing  institutions,  but  as  one  great 
harmonious  whole.  Each  different  sovereign  is  not 
deemed  the  absolute  lord  of  a separate,  unassociated 
system,  but  the  mere  guardian  and  superintendent  of 
a particular  portion  of  one  great  legal  universe.  Like 
the  clouds  which  dispense  the  fertilizing  rains  of 
summer,  it  rises  in  its  majesty  and  overshadows  all 
the  nations.  It  shields  and  blesses  the  innocent ; it 
launches  its  thunders  to  frighten  and  overwhelm  the 
guilty.  It  forms  one  extended  shelter,  beneath  whose 
ample  protection  the  individuals  of  all  nations  circulate 
without  restraint,  finding  entire  security  while  they 
choose  to  remain,  and  every  reasonable  facility  when 
they  would  prefer  to  depart.  Such,  if  not  literally 


63 


CONGRESS  OF  NATIONS. 


259 


true  at  present,  is  the  state  to  which  mankind  are 
evidently  and  rapidly  progressing.  Can  the  sinking 
cause  of  war,  thus  daily  becoming  more  obsolete  and 
antiquated,  long  meet  with  patrons,  under  such  a 
combination  of  circumstances  ? 

Finally,  wars  must  soon  be  discountenanced,  from 
the  conviction  of  their  insufficiency  to  accomplish  the 
very  objects  for  which  they  have  been  generally 
prosecuted.  The  history  of  the  world  teaches  us 
that  httle  benefit  has  thence  resulted,  or  is  ever  likely 
to  result  to  any  people. 

Where  are  now  the  benefits  which  have  accrued 
to  nations  individually,  or  to  mankind  generally,  from 
war  1 Xerxes  poured  his  millions  upon  Greece ; yet 
was  the  splendor  of  his  effort  surpassed  by  the  mag- 
nitude of  his  disaster.  Greece,  although  triumphant, 
and  reaping  immortal  honor  from  her  courage,  her 
fortitude,  and  her  success,  was  ruined  by  the  pride 
and  luxury  resulting  from  her  very  victory.  That 
ruin  was  completed  by  the  war  of  rivalry,  which  soon 
after  sprung  up  among  the  members  of  her  own 
family ; and  the  republican  simplicity,  the  splendid 
ages  of  Grecian  liberty  and  Grecian  glory  were  over- 
shadowed and  blighted  by  the  pestilential  breathing 
of  this  fell  destroyer. 

The  Macedonian  greatness  claims  a military  origin ; 
but  how  little  reason  have  the  advocates  of  war  to 
boast  of  its  benefits  in  that  instance ! When  Philip 
had  cloven  down  the  few  remaining  liberties  of 
Greece, — when  Alexander  had  swept  over  Asia,  like 
a tornado,  prostrating  and  destroying — his  path  to 


260 


CONGRESS  OF  NATIONS. 


64 


greatness  only  beaconed  by  the  ruins  and  misery  of 
mighty  nations,  — when  he  had  founded  an  empire  so 
vast  that  his  despairing  vanity  whispered  that  he  had 
nothing  left  to  conquer,  he  died,  and  his  blood- 
cemented  fabric  crumbled  to  the  ground.  Its  great- 
ness was  only  known  by  the  depredating  rapacity 
exerted  in  its  erection.  Its  very  existence  would 
scarcely  have  been  remembered,  but  for  the  wrecks 
of  the  mighty  empires  it  had  ruined. 

Carthage  furnishes  us  with  another  melancholy 
illustration.  Possessing  a system  of  civil  institutions, 
which  in  those  early  times  was  as  unusual  as  it  was 
admirable,  she  had  raised  herself  to  the  first  rank  in 
the  scale  of  national  greatness.  Her  enterprise  had 
explored  all  parts  of  the  Mediterranean,  and  even 
boldly  penetrated  the  Atlantic  to  a considerable 
extent.  Her  commerce  spread  its  wings  for  every 
coast,  and  returned  laden  with  the  wealth  of  every 
nation.  Ages  of  prosperous  activity  had  filled  her 
city  with  spacious  palaces  and  gilded  temples.  Her 
pride  rose  with  her  greatness ; she  claimed  to  be 
mistress  of  the  seas,  and  to  rule  in  the  family  of 
nations.  But  these  pretensions  conflicted  with  the 
growing  greatness  of  Roman  ambition.  A hostile 
rivalry  sprung  up,  which,  after  years  of  mutual  disas- 
ter and  distress,  finally  terminated  in  her  entire  over- 
throw and  destruction.  The  hyena  howled  unmolested 
from  among  her  marble  ruins,  and  her  once  busy 
streets  became  a noonday  solitude. 

Rome  is  sometimes  said  to  have  been  placed  on 
the  summit  of  national  greatness  by  her  military 


65 


CONGRESS  OF  NATIONS. 


261 


prowess ; but  if  by  arms  she  became  great,  by  arms, 
also,  she  was  ruined.  If  war  enabled  her  to  desolate 
and  enslave  most  of  the  nations  of  the  earth,  her  own 
liberties  at  length  fell  a prey  to  the  same  insatiable 
monster.  The  sword,  which  had  been  victorious 
against  her  enemies,  was  by  her  skilful  and  designing 
generals  turned  against  her  own  bosom.  Marius  and 
Sylla  triumphed  not  more  signally  over  their  enemies 
abroad,  than  over  their  country  at  home.  Julius 
Caesar,  whose  battles  had  caused  the  destruction  of  a 
million  of  human  beings,  wielded  her  armies  in  the 
subjugation  of  foreign  nations,  in  order  to  acquire  an 
accumulation  of  power,  the  reacting  momentum  of 
which  should  overturn  the  remnant  of  her  sapped  and 
tottering  institutions,  and  enable  him  to  erect  all  the 
realities  of  kingly  authority  over  the  extinction  of 
republican  liberty.  Then  commences  a long,  dark, 
descending  progress  of  triumphant  military  despotism, 
which,  though  occasionally  relieved  by  some  fairer 
prospect,  seems  to  grow  more  gloomy  the  farther  we 
advance ; the  tyranny  of  the  dark,  designing  Tiberius 
— of  the  desolate  and  detestable  Caligula — of  the 
effeminate  and  blood-thirsty  Nero.  The  civil  wars 
which,  in  such  quick  succession,  under  Galba,  Otho, 
Vitellius  and  Vespasian,  swept  over  that  devoted 
country,  covering  its  fields  with  the  blood,  and  putre- 
faction, and  the  whitening  bones  of  their  very  owners,* 


* Tacitus  (History,  book  ii,  § 70)  gives  the  following  description  of 
the  field  of  Bebriacum,  where  the  contest  for  empire  between  Vitellius 
and  Otho  was  decided : “ The  fields  around  presented  a mournful 
spectacle.  Forty  days  had  elapsed,  and  the  plain  was  still  covered 


262 


COJVGRESS  OF  NATIONS. 


66 


turning  the  weapon  of  friend  against  friend,*  and 
causing  fathers  to  fall  by  the  hands  of  their  own 
children  ;t — these  were  all  the  natural  and  necessary 
consequences  of  the  warlike  constitution  of  her  gov- 
ernment. If  a fair  balance  could  be  struck  between 
the  splendor  of  her  ascent  to  greatness  and  the 
degradation  of  her  fall  to  contempt — if  the  bright 
days  of  her  liberty  could  be  set  off  against  the  long, 
dark,  starless  night  of  her  bondage  and  her  shame — 
if  the  height  of  her  glory  and  the  depth  of  her 


with  bodies  gashed  and  mangled ; with  broken  limbs,  and  men,  and 
horses,  in  one  promiscuous  carnage ; clotted  gore,  and  filth,  and  putre- 
faction ; the  trees  cut  down  and  the  fruits  of  the  earth  trampled  under 
foot — the  whole  a dreary  waste,  the  desolation  of  nature.  The  view 
of  the  high  road  was  no  less  shocking  to  humanity.  The  people  of 
Cremona,  amidst  the  horrors  that  covered  the  face  of  the  country,  had 
strewed  the  way  with  roses  and  laurels,  and  had  even  raised  altars 
where  victims  were  slain,  as  if  a nation  of  slaves  had  been  employed 
to  adorn  the  triumphs  of  a despotic  prince.  The  common  soldiers 
quitted  the  road  to  mark  the  place  where  they  had  fought,  and  to  survey 
the  arms  and  dead  bodies  of  the  vanquished  piled  up  in  heaps.  They 
viewed  the  scene  with  brutal  joy,  and  wondered  at  the  destruction  they 
had  made ; some,  with  generous  sympathy,  felt  tlie  lot  of  humanity, 
and  tears  gushed  from  every  eye.” 

* Tacit.,  Hist,  book  ii,  § 45.  “ A tender  scene  ensued.  The  con- 

querors and  the  conquered  embraced  each  other,  and  with  mingled  joy 
and  sorrow  lamented  the  horrors  of  civil  war.  In  the  same  tents,  rela- 
tions, friends  and  brothers  dressed  each  others’  wounds.  They  now 
perceived  that  their  hopes  were  a mere  delusion,  and  that  slaughter, 
sorrow  and  re])entance  were  their  certain  lot  Nor  was  there  in  the 
two  armies  a single  person  who  had  not  the  death  of  a friend  or  re- 
lation to  lament”  This  is  a description  of  the  scene  inunediately 
succeeding  the  same  battle,  drawn  in  living  colors  by  the  same  inimit- 
able artist  War  seems  most  unlovely  when  dressed  in  its  own  garb. 

•j  Tacit,  Hist,  book  iii,  § 25,  relates  an  affecting  incident  of  this 
nature. 


67 


CONGRESS  OF  NATIONS. 


263 


degradation  could  be  viewed  at  the  same  glance,  and 
then,  if  war  were  to  claim  all  that  was  ennobling,  and 
become  responsible  for  all  that  was  debasing,  would 
it  have  great  cause  for  self-gratulation  1 

But  this  would  not  be  a proper  view  of  the  subject. 
The  greatness  of  Rome,  as  has  before  been  remarked, 
arose,  not  in  consequence  of  war,  but  in  spite  of  it. 
To  her  hberal  and  enlightened  spirit,  to  her  love  and 
possession  of  liberty,  to  all  her  admirable  civil  estab- 
lishments, was  she  indebted  for  her  substantial 
greatness.  Without  these,  of  what  avail  would  have 
been  all  her  martial  spirit?  And  had  she  possessed 
these  alone,  without  ever  dipping  her  hands  in  human 
blood,  her  career  might  have  been  equally  brilliant,  her 
annals  untarnished,  her  downfall  far  less  sudden, 
debased,  and  contemptible.  Had  she  exhibited  the 
superiority  of  her  own  institutions  — raising  her 
broad  aegis  over  the  liberties  of  man,  recognizing 
throughout  her  code  of  civil  regulations  the  dignity  of 
human  nature,  and  giving  ample  opportunity  to  indi- 
viduals and  states  to  participate  in  these  advantages, 
it  is  not  absurd  to  presume,  that  her  progress  to 
universal  empire  might  even  have  been  more  rapid 
than  it  was  in  reality ; especially  if  a similar  peaceful 
course  had  been  adopted  by  surrounding  states,  and 
the  emulation  excited  had  been  not  in  reference  to  the 
keenness  of  their  swords,  but  to  the  excellence  of 
their  laws;  not  to  the  production  of  the  greatest 
amount  of  human  misery,  but  to  the  consummation  of 
individual  happiness  and  national  prosperity.  Besides, 
we  must  recollect,  that  if  one  state  was  successful 


264 


CONGRESS  OF  NATIONS. 


68 


in  her  warlike  career,  hundreds  of  others  were 
overwhelmed  by  that  very  success  — that  in  the 
beginning  the  chances  against  each  were  infinitely 
greater  than  those  in  its  favor  — that  if  Rome  had 
failed,  her  name  at  most  would  have  dimly  glim- 
mered among  the  thousands  of  cities  known  only 
by  their  downfall,  and  that,  even  prosperous  as  she 
was,  the  lot  of  humanity  was  by  her  very  conquests 
rendered  a cup  of  almost  unmitigated  bitterness. 

Such  are  the  lessons  taught  us  by  most  of  the 
events  in  ancient  history.  They  show  us  the  conse- 
quences of  wars  upon  the  very  nations  who  have 
been  most  successful  in  their  management.  Even 
where  they  have  been  most  favorable,  they  have 
proved  but  a species  of  deferred  ruin.  But  although, 
in  the  opinion  of  many,  wars  may  have  been  useful 
and  even  necessary  among  nations  in  ancient  times, 
no  one  can  think  them  so  at  the  present  day.  The 
experience  of  the  last  few  centuries  will  show  that 
the  contests,  which  in  turn  have  converted  the  most 
fruitful  fields  of  Europe  into  so  many  national  sepul- 
chres, have  been  productive  of  no  lasting  benefit  to 
either  belligerent.  What  have  England  and  France 
to  show  for  all  their  implacable  hostilities  ? The 
plough  of  the  husbandman  obstructed  by  human 
bones*  — the  mouldering  ruins  of  once  flourishing 

* It  is  said,  that  the  battle-fields  of  the  Low  Countries  are  found  to 
furnish  an  excellent  manure,  and  that  the  husbandmen  of  England  are 
importing  the  bones  of  their  fathers  and  brothers,  mingled  with  those 
of  their  foes  and  their  horses,  for  the  purpose  of  fattening  their  fields 
at  home.  Perhaps  this  should  be  reckoned  as  one  of  the  useful  effects 
of  war. 


69 


CONGRESS  OF  NATIONS. 


265 


cities  — impoverished  treasures,  amounting  almost  to 
national  bankruptcy  — - and  nothing  else.  No  aug- 
mentation of  empire  — no  acquisition  of  advantages, 
individual  or  national  — no  emancipation  from  restraint, 
nor  even  from  any  rational  gratification  of  revenge,  so 
accurately  have  alternate  defeat  and  victory  been 
balanced ; and  probably  such  would  be  the  case 
should  they  continue  their  practices  of  human  destruc- 
tion for  three  hundred  years  more.  Charles  the  fifth, 
and  his  immediate  successor,  preserved  for  a while 
a forced  and  unnatural  extension  of  the  boundaries  of 
Spain ; yet  how  long  was  it  before  that  monarchy  was 
reduced  to  its  original  limits  1 The  French  revolution 
was  a political  hurricane,  obliterating  for  a time  the 
ancient  landmarks  of  nations,  and  seeming  almost  to 
restore  the  elements  of  kingdoms  to  their  original 
chaos ; yet  when  the  storm  had  subsided,  societies 
and  nations  settled  down,  with  little  variations,  into 
their  original  boundaries. 

These  facts  show  the  inadequacy  of  war  to  the 
promotion  of  national  aggrandizement.  But  the 
modern  policy  of  Europe  furnishes  still  stronger  proof 
of  its  absurdity.  It  has  before  been  observed,  that  the 
preservation  of  the  balance  of  power  was  a subject 
which  has  for  some  time  past  occupied  the  closest 
attention  of  monarchs  and  statesmen.  No  state  or 
kingdom  will  be  allowed,  hereafter,  to  make  any  impor- 
tant conquests,  if  the  united  strength  of  all  Europe 
can  prevent  it.  A fearful  struggle  with  such  a 
formidable  array  will  probably  prevent  any  future 
attempts  at  a forced  extension  of  empire  on  that  side 

34 


266 


CONGRESS  OF  NATIONS. 


70 


the  Atlantic.  With  us,  a disposition  of  that  kind  has 
never  yet  manifested  itself,  and  from  our  circum- 
stances never  can.  Extension  of  empire  can  never 
be  the  motive  for  the  United  States  to  engage  in  war, 
even  were  success  within  their  grasp ; and  the  other 
American  nations  are  nearly  in  the  same  situation  in 
that  particular. 

Nor  have  wars,  undertaken  for  purposes  of  revenge, 
generally  more  to  recommend  them.  They  are  no 
more  successful  in  accomplishing  their  purposes. 
After  a scene  of  mutual  suffering  and  exhaustion, 
peace  is  concluded,  on  terms  which  might  just  as 
easily  have  been  proposed  and  accepted  before  a 
single  cottage  had  been  consigned  to  conflagration,  or 
a single  infant  made  fatherless. 

Wars  are,  therefore,  altogether  ineffectual  for 
purposes  of  aggrandizement  or  revenge ; and  the  only 
ground  of  their  necessity  or  utility,  which  savors  the 
least  of  reason  is,  that  they  serve  as  a means  of 
arbitrament  for  contested  questions  of  right.  He 
must  have  a contemptible  opinion  of  human  intel- 
ligence and  ingenuity,  who  can  be  made  to  believe 
that  no  better  manner  can  be  contrived  for  ac- 
complishing the  same  object.  Has  not  the  wager 
of  battle  been  superseded  by  more  equitable  and 
more  reasonable  tribunals ; and  can  we  suppose  that 
an  equally  advantageous  change  cannot  be  adopted 
among  nations?  In  the  same  degree  as  reason  is 
superior  to  physical  strength,  as  impartial  justice  is 
more  worthy  of  confidence  than  blind  accident  — in 
that  same  proportion  is  the  trial  by  a peaceable  and 


71 


CONGRESS  OF  NATIONS. 


267 


equitable  tribunal  to  be  preferred  by  reasonable  beings 
to  the  trial  by  battle. 

Now,  although  men  are  generally  slow  in  per- 
ceiving the  absurdities  of  customs  with  which  they 
have  been  long  familiar,  still  where  a practice  is  so 
totally  useless — so  worse  than  useless they  will  at 
length  make  the  discovery.  Their  blindness  as  to 
the  inconsistency  of  war  with  the  dictates  of  reason, 
of  humanity,  and  of  religion,  is  already  beginning  to 
wear  away,  and  the  days  of  its  continuance  are 
numbered. 

Thus  far  our  eyes  have  been  turned  almost  exclu- 
sively to  the  past.  It  was  deemed  expedient  to  take 
this  retrospective  survey,  for  the  purpose  of  enabling 
us  to  judge  of  the  probable  events  of  the  future.  The 
history  of  mankind  is  a record  of  isolated,  and  in  some 
respects  fortuitous,  experiments.  By  an  attentive 
examination  of  these,  we  are  sometimes  enabled  to 
judge  of  the  laws  which  regulate  the  moral  world  of 
mankind.  Without  a similar  scrutiny  and  compari- 
son, Newton  with  all  his  philosophical  sagacity,  could 
never  have  discovered  the  great  laws  of  physical 
nature.  He  compared  together  the  observations  of 
former  philosophers  — he  generalized  all  their  various 
details  — he  sought  for  some  common  explanation  of 
all  the  numberless  phenomena,  and  finally  constructed 
from  out  the  seeming  chaos  that  sublime  theory  which 
enabled  him  to  verify  infallibly  the  philosophical 
history  of  the  past,  and  to  predict  with  certainty  as  to 
the  events  of  the  future.  From  the  observed  universal 
tendency  of  all  bodies  to  the  centre  of  the  earth,  he 


26S 


CONGRESS  OF  NATIONS. 


72 


finally  drew  the  conclusion,  that  it  resulted  from  a 
principle  of  attraction  inherent  in  all  matter.  He  then 
extended  his  views  to  other  worlds,  and  inferred  that 
the  same  attractive  power,  which  caused  the  apple  to 
fall  and  the  stone  to  lie  still,  retained  the  planets  in 
their  orbits  and  wheeled  their  mighty  revolutions.  He 
made  his  computations  accordingly ; the  result  con- 
firmed the  suggestions  of  his  sagacity.  Now,  it  is  not 
supposed  that  even  if  a mind  like  Newton’s  were  to 
be  exercised  on  the  subject  before  us,  the  course  of 
future  events  could  be  ascertained  with  the  same 
unerring  accuracy  as  that  with  which  he  calculated 
the  future  revolutions  of  the  planetary  worlds  ; but 
without  any  pretensions  to  extraordinary  sagacity, 
we  can  safely  draw  certain  general  conclusions  as 
to  the  great  fundamental  laws  which  preside  over 
the  nature  of  man,  which  regulate  his  movements, 
either  in  his  individual  or  political  capacity,  and  in 
many  respects  determine  his  destiny.  We  may  infer 
that  certain  events,  which  have  been  in  progress  since 
the  earliest  ages,  will  move  on  and  become  complete 
— that  when  we  see  in  individuals  a universal  pro- 
pensity to  associate  into  communities,  and  submit  to 
the  quiet  dominion  of  law  for  the  sake  of  peace  and 
safety  — when  little  communities  manifest  a similar 
tendency,  and  when  nations  have  long  been  moving 
forward  in  a like  career,  we  are  justified  in  the  con- 
clusion, that  it  is  in  consequence  of  a law  deep  laid 
in  the  human  constitution,  adapted  to  this  object, 
and  with  this  very  intent,  — when  in  addition  to  all 
this,  the  many  and  great  obstacles,  which  have 


73 


CONGRESS  OF  NATIONS. 


269 


heretofore  interposed  a retarding  effect,  are  disap- 
pearing or  becoming  surmounted,  and  other  insti- 
tutions and  customs  are  daily  springing  up,  tending 
directly  to  bring  nations  into  one  great  social  commu- 
nity ; to  make  them  lay  aside  their  murderous 
practices  and  live  hereafter  like  a united  family,  — well 
may  we  imagine  the  time  to  be  at  hand  when  war 
shall  cease  to  devour  all  the  wealth  and  happiness 
which  peace  and  prosperity  can  accumulate. 

But  there  was  another  object  in  turning  our  atten- 
tion to  the  past.  We  are  thereby  not  only  enabled 
to  predict  with  tolerable  certainty  that  certain  changes 
must  take  place  in  the  condition  of  mankind,  but  the 
very  manner  in  which  we  may  assist  and  promote 
those  alterations  is  thereby  rendered  more  evident. 
It  is  time  to  enter  directly  upon  this  branch  of  the 
subject. 

All  the  great  and  successful  institutions  for  the 
improvement  of  mankind  come  into  existence  gradu- 
ally, and  are  the  work  of  slow  experience.  Genius 
may  devise  splendid  projects,  and  array  them  in  such 
a garb  that  they  shall  seem  capable  of  bringing  back 
the  golden  age  at  a single  effort,  but  they  are  always 
found  to  be  Utopian.  They  are  not  based  upon  the 
great  principles  of  human  nature ; they  are  not 
fashioned  by  the  careful  hand  of  experience.  The 
little  chinks  and  crevices  through  which  mischief  Avill 
insinuate  itself,  which  human  wisdom  could  never 
anticipate,  and  which  nothing  but  effectual  experience 
could  ever  discover,  will  be  so  numerous  and  so 
considerable,  as  to  render  the  whole  fabric  totally 


270 


CONGRESS  OF  NATIONS. 


74 


unfit  for  the  purpose  of  its  erection.  But  where  a 
system  grows  into  existence  gradually,  imperfections 
will  manifest  themselves,  while  they  are  neither  many 
nor  important.  They  can  be  remedied,  before  they 
become  formidable  by  accumulation.  Moreover,  the 
structure  rising  into  existence  gradually,  will  adapt 
itself  in  form  and  quality  to  the  wants  and  necessities 
which  call  it  into  being,  and  which  human  sagacity 
could  never  have  anticipated. 

Even  could  a perfect  system  be  coined  entirely 
anew  and  at  once  — one  that  should  possess  all  the 
highest  qualities  of  human  excellence,  and  be  calcu- 
lated to  produce  the  most  happy  results,  it  would 
never  be  received.  Mankind  are  unwilling  to  make 
any  extensive  and  daring  experiments  on  their 
immediate  welfare,  however  promising  and  ingenious. 
They  prefer  groping  their  progress  step  by  step, 
never  adopting  a new  measure  until  its  most  important 
consequences  can  be  pretty  clearly  determined. 

Besides,  no  system  is  excellent  absolutely  and  in  itself.  , 
It  must  be  adapted  to  the  particular  circumstances  in 
wdiich  it  is  to  exist.  It  must  be  in  consonance  with 
the  public  sentiment  — such  as  is  adapted  to  the 
particular  existing  stage  of  public  intelligence  and 
refinement,  and  for  which  the  public  mind  is  conse- 
quently prepared.  Bodies  politic,  like  those  of 
individuals,  must  not  too  suddenly  lay  aside  customs 
and  practices  however  pernicious.  Even  liberty,  the 
natural  nutriment  required  by  health,  must  be  admin- 
istered to  the  diseased  patient  cautiously  and  by  slow 
degrees.  The  downfall  of  the  monarchy  in  England 


75 


CONGRESS  OF  NATIONS. 


271 


under  Charles  the  first,  and  the  first  revolution  in 
France,  found  the  people  unprepared  for  the  enjoy- 
ment of  freedom ; and  even  could  the  most  perfect 
system  of  a republican  representative  government 
have  been  firmly  established,  its  existence  could  have 
been  only  ephemeral.  The  change  from  the  polar 
frosts  and  darkness,  to  the  full  clear  heat  and  brilhancy 
of  the  tropical  sun,  must  be  gradual  or  destructive ; 
and  thus,  in  all  great  political  matters,  revolutions,  to 
be  safe  and  beneficial,  must  be  moderate. 

But  not  only  do  the  most  valuable  institutions  grow 
to  maturity  by  slow  degrees,  they  are  frequently 
cherished  and  brought  forward  almost  unconsciously 
to  their  very  authors.  One  object  is  frequently 
aimed  at  and  another  attained.  Like  the  alchymists, 
whose  search  for  the  philosopher’s  stone  resulted  in 
the  more  valuable  discovery  of  a useful  science,  the 
greatest  benefactors  of  mankind  have  frequently  been 
astonished  at  the  very  results  they  themselves  have 
produced.  They  are  not  even  aware  of  the  principal 
object,  until  it  is  nearly  accompUshed.  Still,  perhaps, 
all  their  measures  may  have  been  taken  which  are  the 
most  directly  calculated  for  its  attainment.  When 
Columbus  sailed  for  the  East  Indies  by  a new  path, 
nothing  was  farther  from  his  expectation  than  to  find 
another  continent ; yet,  had  the  latter  been  his  original 
object,  he  could  not  have  proceeded  more  directly  to 
its  accomplishment. 

This  observation  is  much  the  more  just,  when  made 
in  reference  to  moral  results,  which  are  rarely  the 
effects  of  accident.  They  are  composed  of  a texture 


272 


CONGRESS  OF  NATIONS. 


76 


of  circumstances,  arranged  with  the  most  strict  and 
accurate  correspondence  with  each  other,  and  with 
the  general  tendency  of  all.  Whatever  is  in  accord- 
ance with  any  one  of  these,  tends  to  promote  the 
general  object  of  the  whole.  Springing  up  from  some 
great  radical  principle  are  innumerable  ramifications, 
which,  however  various  and  distinct  from  each  other 
they  may  seem,  are  all  connected  with  the  parent 
stem.  Alighting  on  the  most  distant  or  most  collateral 
of  these,  and  tracing  our  way  downward,  we  pass  in 
succession  its  union  with  others,  extending  in  a differ- 
ent direction,  until  we  arrive  at  the  common  juncture 
of  all  into  one  great  supporting  and  sustaining  body ; 
and  although  its  discovery  or  existence  might  not  at 
first  have  been  suspected,  still  we  now  find  we  have 
taken  the  most  direct  and  inevitable  method  of 
attaining  it.  Thus,  when  Edward  the  first  applied  to 
his  House  of  Commons  for  their  sanction  to  the  levy 
of  an  increased  tax,  his  object  was  to  prevent  the  mur- 
murs which  their  accumulated  burdens  were  calculated 
to  produce  among  the  people.  This  circumstance 
was  made  a precedent,  from  which  the  Commons 
assumed  the  custom,  and  finally  the  exclusive  right, 
of  granting  all  supplies  to  the  crown.  Thence  they 
have  been  enabled  to  rise  to  the  highest  grade  in  the 
scale  of  importance  — to  humble  the  haughty  nobility 
— to  confine  an  almost  boundless  regal  authority 
within  due  limits — and,  finally,  to  produce  a system  of 
government  more  perfect  than  any  the  world  had  ever 
before  witnessed.  A fortunate  conjuncture  of  circum- 
stances enabled  some  of  the  English  colonies  to  make 


77  CONGRESS  OF  NATIONS.  273 

a further  advance  in  the  same  career ; to  lop  away 
some  of  the  superfluities  and  absurdities  which  had 
become  inveterate  in  the  parent  government,  and  thus 
to  establish  a representative  system,  where  all  mankind 
are  politically  free  and  equal ; as  far  removed  from  the 
despotism  of  an  unqualified  democracy,  as  from  that 
of  an  hereditary  tyrant.  Now  what  connection  had 
the  conduct  of  Edward  with  such  a result  1 What 
had  all  the  efforts  of  resistance  to  regal  usurpations 
to  do  with  the  freedom  of  the  people  of  the  United 
States  1 Seemingly  nothing  at  all ; and  there  is  no 
probability  that  such  a consequence  ever  suggested 
itself  to  one  of  the  great  advocates  of  popular  rights ; 
but,  in  combination  with  other  circumstances,  such 
was  the  natural  tendency  of  every  triumph  on  their 
part,  or  defeat  of  their  lordly  superiors. 

Standing  where  we  now  do,  and  looking  backwards, 
we  can  trace  this  connection.  Not  only  so,  we  see 
thousands  of  other  collateral  circumstances  conspiring 
to  produce  the  same  result.  Every  diminution  of  the 
royal  prerogative,  though  originating  in  a spirit  of 
rebellion ; every  extension  of  the  power  and  impor- 
tance of  the  people,  though  resulting  from  an  ebulli- 
tion of  popular  insubordination ; every  overthrow  of 
ancient  establishments,  though  the  work  of  caprice 
and  even  of  tyranny,  cooperated  in  the  accomplish- 
ment of  the  then  unknown  object ; yet  the  character 
and  extent  of  the  influence  they  have  exerted  begins 
now  to  be  more  fully  comprehended.  We  are  now 
sensible  that  they  were  all  great  moving  powers, 
urging  forward  the  revolution  from  iron-handed 


35 


274 


CONGRESS  OF  NATIONS. 


78 


tyranny  to  an  almost  boundless  liberty,  the  consum- 
mation of  which  we  may,  perhaps,  consider  ourselves 
the  witnesses. 

This  same  principle  finds  an  application  in  the  sub- 
ject before  us.  A social  compact  of  nations  has  for 
thousands  of  years  been  growing  into  existence.  The 
final  abolition  of  war,  the  substitution  of  a peaceful 
tribunal,  although  never  dreamt  of  by  those  most 
active  in  the  promotion  of  these  measures,  was  the 
natural  and  final  consequence  of  those  very  exertions. 
They  labored  for  an  object,  the  precise  nature  of 
which  they  did  not  comprehend,  but  which  now 
begins  to  manifest  itself  more  clearly. 

The  means  taken  to  complete  this  revolution  must 
be  in  strict  accordance  with  the  general  principles 
which  have  thus  far  regulated  its  movement.  It  was 
by  pursuing  a similar  course,  that  the  effort  to  estab- 
lish a popular  government  in  the  United  States  has 
proved  so  eminently  successful.  The  method  adopted 
was,  to  improve,  not  to  overturn  existing  estab- 
lishments ; and  the  reason  why  the  South  American 
repubhcs  did  not  prove  equally  fortunate  is,  because 
they  did  not  follow  the  same  salutary  and  prudent 
rule.  Our  present  efforts  should,  therefore,  be,  to  con- 
tinue and  assist  the  present  progress  of  events,  rather 
than  to  change  and  interrupt.  The  smaller  the  innova- 
tion, the  more  readily  will  it  be  adopted,  the  greater  the 
probability  of  success,  and  the  less  the  disaster  of  a 
failure. 

Permanent  peace  requires  the  establishment  and 
efficient  operation  of  laws,  and  this  implies  a govern- 


79 


CONGRESS  or  NATIONS. 


275 


ment.  When  in  every  department  of  human  actions 
reason  and  justice  assume  the  control,  instead  of  force 
and  accident,  a high  state  of  excellence  may  be  said 
to  have  been  attained.  This,  to  a great  extent,  is  the 
case  at  present  with  municipal  affairs.  Our  object  is 
to  render  it  so  with  national  affairs. 

Not  that  any  one  entertains  the  chimerical  idea  of 
establishing  a paramount  authority  over  nations,  with 
all  the  attributes  of  sovereign  power,  melting  down 
kingdoms  into  one  consolidated  empire.  This  is 
neither  necessary  nor  desirable ; but  we  need  simply 
a method  of  insuring  justice  between  nations,  as 
codes  and  courts  of  law  do  between  individuals. 

We  have  already  seen  that  a code  of  national  law 
is  now  in  existence  ; that  we  possess,  also,  the  means 
of  enacting  positive  national  statutes,  and  the  power 
of  enforcing  the  whole.  It  may  be  well  to  see  exact- 
ly what  parts  of  the  system  are  defective,  in  order  to 
be  able  to  supply  them. 

First,  with  regard  to  the  power  of  making  laws. 
We  have  before  observed,  that  a treaty  between  two 
or  more  states  is  as  much  a statute  as  though  it  had 
been  enacted  by  a parliament  or  congress.  In  a 
moral  point  of  view,  they  are  even  more  obligatory. 
A municipal  law  is  at  best  created  by  the  will  of  a 
majority  of  those  under  its  control.  The  minority, 
however  respectable  or  reluctant,  are  obliged  to  sub- 
mit. This  results  from  the  constitution  of  human 
society.  General  laws  are  more  necessary  than  indi- 
vidual liberty ; and  this  violence  to  the  will  of  the  few 
results,  therefore,  from  necessity.  But  with  nations 


276 


CONGRESS  OF  NATIONS. 


80 


the  case  is  different.  Liberty,  with  them,  is  of  more 
value  than  general  laws.  Jealous  of  their  indepen- 
dence, they  would  rather  suffer  some  inconveniences 
from  the  want  of  any  pacific  regulation,  than  that 
any  one  should  be  constrained  to  receive  it.  Few  in 
number,  their  individual  assent  may  be  more  readily 
obtained.  With  them,  therefore,  positive  regulations 
are  binding  only  on  the  assenting  parties.  An  impe- 
rious majority  does  not  attempt  to  lord  it  over  an 
unconsenting  minority.  But  when  any  number  of 
them  have  assented  to  any  particular  regulation,  it  is 
clothed  with  all  the  sacredness,  and  all  the  inviolability, 
with  which  a law  can  possibly  be  arrayed.  The 
armed  neutrality  in  1781,  embracing  almost  all  Chris- 
tian nations  except  the  English,  was  of  this  character. 
The  agreement  among  most  civilized  states  to  consider 
the  slave-trade  piracy,  is  a positive,  national  statute ; 
and  multitudes  of  others  occur  in  the  history  of 
mankind. 

Whatever  may  be  these  different  regulations,  when 
once  made,  they  become  obligatory  upon  the  assenting 
parties ; and  the  general  sanction  of  the  law  of  nations 
is  made  the  guaranty  for  their  observance.  Laws 
may,  therefore,  be  binding  upon  one  nation,  which 
have  no  effect  upon  another,  and  still  be  enforced  by 
the  same  general  authority  as  ensures  obedience  to 
the  common  law  of  nations.  It  was  thus  with  the 
municipal  regulations  of  some  of  the  barbarians. 
They  were  frequently  personal,  not  territorial.  The 
Franks,  Burgundians  and  Romans,  residmg  promiscu- 
ously in  the  same  district,  were  respectively  governed 


81 


CONGRESS  OF  NATIONS. 


277 


by  their  own  peculiar  laws ; and  the  general  sanction 
of  the  sovereign  power  was  employed  to  compel  the 
requisite  obedience.* 

But  not  only  are  statutory  laws  known  to  the  code 
of  national  jurisprudence,  there  is  in  effect  a perma- 
nent legislature  for  their  enactment.  It  has  for  a long 
time  been  the  practice  among  enlightened  nations  to 
maintain  ambassadors  at  the  courts  of  each  other. 
These  are  for  the  purpose  of  watching  over  the 
interests  of  their  respective  countries,  and  making 
every  arrangement  possible  for  their  benefit.  They 
therefore  constitute  a legislature  of  the  great  republic 
of  nations ; not  collected  in  a single  senate-house,  but 
scattered  and  disseminated  as  the  exigences  of  the 
case  require. 

The  federal  republic  is  thus  provided  with  a perma- 
nent legislature  of  a general  character ; but  on  any 
critical  and  important  occasion,  a special  congress  is 
assembled,  composed  of  delegates  from  all  the  nations 
interested.  This  system  was  first  effectually  intro- 
duced at  the  treaty  of  Westphalia,  in  1648,  which 
terminated  the  thirty  years’  war.  Since  that  time, 
nearly  fifty  congresses  have  been  held  in  Europe,  in 
which  most  of  the  European  nations  were  represented. 
Most  of  these  have  been  for  the  final  establishment  of 
peace  after  some  widely  desolating  war.  If  they  had 
been  called  at  the  beginning,  instead  of  the  end  of 
hostilities — to  prevent  rather  than  terminate  them  — 
what  wretchedness  might  have  been  spared,  and 


Montesquieu,  Spirit  of  Laws,  book  28,  c.  ii. 


278 


CONGRESS  OF  NATIONS. 


82 


seemingly  with  how  little  ease ! Such,  or  a similar 
change,  is  certainly  not  too  great  to  be  hoped  for. 

Whenever,  in  either  of  these  methods,  a general 
consent  is  obtained  among  the  representatives  of  any 
number  of  nations,  the  act  which  has  thus  passed  this 
branch  of  the  legislature  is  presented  to  the  treaty- 
making power  of  each  particular  state,  which  thus 
becomes  a portion  of  the  great  national  parliament, 
and  whose  sanction,  when  obtained,  constitutes  them 
valid,  permanent  laws.  No  state  being  thus  bound 
but  by  its  own  consent,  its  rights  are  secure,  its  inde- 
pendence unimpaired. 

With  regard  to  the  executive  power,  httle  need  be 
said.  It  is  left  in  the  hands  of  the  sovereigns  of  the 
respective  nations  who  carry  the  laws  into  effect 
voluntarily,  either  out  of  respect  to  the  opinions  of 
mankind,  or  from  apprehensions  of  the  consequences 
of  a refusal.  Provided  the  effect  can  with  certainty 
be  relied  on,  the  cause  is  a matter  of  little  importance. 
And  if  the  other  departments  can  be  rendered  com- 
plete, if  the  necessary  regulations  can  be  made,  and 
all  doubtful  points  of  law  and  fact  can  be  clearly 
settled,  there  is  httle  fear  of  any  difficulty  as  to  their 
execution. 

The  judicial  department  has  not  attained  so  high  a 
degree  of  excellence  as  either  of  the  others.  Still  for 
many  essential  purposes,  it  is  in  being,  and  generally 
recognized.  Thus,  if  a foreigner  owes  one  of  our 
citizens  a debt,  he  may  be  brought  before  the  courts 
of  any  country  where  he  may  be  found,  and  com- 
pelled to  do  justice  to  the  creditor.  If  a crime  be 


83 


CONGRESS  OF  NATIONS. 


279 


committed  by  any  person  in  any  country,  the  courts 
of  that  country  are  competent  to  try  him.  It  is  true, 
the  offence  can  be  brought  under  the  cognizance  of 
the  courts  of  no  other  country ; but  this  incompetency 
is  no  greater  than  that  of  courts  in  different  parts  of 
the  same  government.  In  the  United  States,  not  only 
must  the  criminal  be  tried  in  the  same  state  in  which 
the  offence  was  committed,  but,  in  most  instances,  in 
the  same  county.  It  is  true,  that  in  this  case,  the 
perpetrator  of  any  crime  can  be  seized  in  any  portion 
of  the  state,  and  criminals  of  any  of  the  higher 
degrees  may  be  followed  into  any  of  the  other  states, 
and  brought  before  the  appropriate  tribunal  for  trial ; 
but  regulations,  giving  effect  mutually  to  the  criminal 
jurisprudence  of  independent  states,  exist  in  most 
civilized  nations.  From  treaty,  or  from  motives  of 
courtesy,  criminals  of  the  more  atrocious  character  are 
generally  delivered  up  for  punishment  by  the  authori- 
ties of  the  state  or  kingdom  to  which  they  have  fled 
from  justice. 

Again,  there  are  other  courts  in  almost  every 
country,  which  are  open  to  all,  and  where  the  decisions 
are  guided  almost  exclusively  by  the  law  of  nations. 
These  are  the  prize  or  admiralty  courts,  which  may 
in  strictness  be  considered  as  a species  of  national 
tribunal,  where  even  alien  enemies  may  appear  and 
demand  justice.  They  are  principally  for  the  purpose 
of  determining  questions  concerning  prizes  taken  in 
war,  and  the  courts  of  the  captor’s  country  are  by 
common  consent  deemed  the  proper  tribunals  for  this 
species  of  adjudication. 


280 


CONGRESS  OF  NATIONS. 


84 


Thus  we  see,  that  so  far  as  the  individuals  of 
different  nations  are  considered,  a judiciary  already 
exists  for  the  adjustment  of  their  conflicting  claims. 
The  courts  of  the  different  countries  are  employed 
as  international  tribunals  for  these  purposes.  Scarce 
any  case  can  now  arise,  in  which  ample  justice  cannot 
be  dispensed  by  the  tribunals  already  in  existence ; 
so  that  for  these  purposes  there  seems  little  need  of  a 
change. 

But  if  the  decision  thus  obtained  in  the  country  of 
one  of  the  parties  should  produce  dissatisfaction  in 
that  of  the  other,  there  should  be  some  tribunal  to 
which  an  appeal  may  be  brought.  Or,  when  disa- 
greements spring  up  between  nations  themselves 
directly,  there  should  be  some  court  of  competent 
authority  to  entertain  jurisdiction  thereof.  These  are 
the  imperfections  which  call  for  a remedy. 

Still  it  would  not  be  true  to  assert,  that  none  but 
warlike  means  had  ever  been  resorted  to,  for  the 
settlement  of  difficulties  arising  between  nations 
themselves.  Several  instances  are  recorded  in  ancient 
as  well  as  in  modern  history,  of  national  disputes 
being  submitted  to  some  neutral  arbitrator.  “The 
Swiss,”  says  Vattel,  “ have  had  the  precaution,  in  all 
their  alliances  among  themselves,  and  even  with  those 
they  have  contracted  with  the  neighboring  powers,  to 
agree  beforehand  on  the  manner  in  which  their 
disputes  were  to  be  submitted  to  arbitrators,  in  case 
they  could  not  adjust  them  in  an  amicable  manner. 
This  wise  precaution  has  not  a little  contributed  to 
maintain  the  Helvetic  republic  in  that  flourishing  state 


85 


CONGRESS  OF  NATIONS. 


281 


which  secures  its  liberty,  and  renders  it  respectable 
throughout  Europe.”*  But  the  most  recent,  and 
perhaps  the  most  remarkable,  instance  of  this  species 
of  arbitration  was  that,  wherein  the  misunderstanding 
arising  a few  years  since  between  the  United  States 
and  Great  Britain,  was  referred  to  the  decision  of  the 
king  of  the  Netherlands.  This  amicable  reference 
was  generally  strongly  approved ; and  if  the  award  be 
not  eventually  acquiesced  in,  it  will  be  because  the 
arbitrator  did  not  confine  himself  to  the  question 
submitted  for  his  consideration. 

Are  we  not  here  furnished  with  the  elements  of  the 
very  system  for  which  we  are  searching?  If  the 
policy  and  practice  of  the  Swiss  could  be  introduced 
into  all  nations  — if  the  example,  set  by  our  country 
and  Great  Britain,  could  be  universally  followed  — if  a 
system  could  be  generally  introduced,  of  which  these 
should  serve  as  a species  of  model,  would  not  our 
object,  to  a great,  an  almost  entire  degree,  be  thereby 
effected  ? This,  in  fact,  seems  to  me  the  only  safe  and 
practicable  course.  It  appears  to  embody,  in  a simple 
and  practicable  form,  all  the  advantages  of  the  so 
justly  extolled  trial  by  jury  for  the  dispensation  of 
justice  between  man  and  man,  and  to  be  in  no  greater 
degree  objectionable. 

A trial  by  our  peers  has,  for  a long  time,  been 
deemed  highly  important  to  the  impartial  distribution 
of  justice.  But  when  nations  are  the  parties,  who  are 
the  peers  to  sit  in  judgment  ? Neutral  states  cannot 


* Vattel,  book  2,  ch.  xviii,  § 329. 

3U 


282 


CONGRESS  OF  NATIONS. 


86 


be  summoned  as  jurors,  to  act  in  their  political 
capacity.  The  natural  and  necessary  modification, 
in  this  case,  seems  to  be,  to  take  some  of  the  author- 
ities of  the  government  as  a representative  of  the 
nation,  and  to  constitute  them  the  jurors  for  the 
settlement  of  controverted  questions. 

But  must  twelve  of  these  be  collected,  as  in  cases  of 
individual  litigation  ? This  would  evidently  be  imprac- 
ticable. The  institutions  which  have  for  a long  time 
existed,  with  the  happiest  consequences  in  civil 
society,  come  highly  recommended  for  adoption  among 
nations.  But,  before  adopting  them,  they  should  be 
modified  in  such  a manner  as  to  adapt  themselves  to 
the  difference  of  circumstances.  I should  suppose, 
then,  that,  as  in  the  case  already  referred  to,  a single 
arbitrator,  and  he  the  highest  executive  officer  in 
some  neutral  state  or  kingdom,  would  be  the  most 
proper  tribunal  that  could  be  selected  for  cases  of 
this  nature.  This  is  not  unlike  a course  which  is 
frequently  practised  with  success  among  individuals, 
by  which  the  decision  is  left  to  a single  arbitrator, 
instead  of  submitting  it  to  a full  jury. 

In  this  case,  too,  it  is  proposed  to  submit  the 
decision  of  law  and  fact  to  one  and  the  same  individual ; 
and  this,  in  the  opinion  of  many,  may  be  deemed 
opposed  to  the  plainest  principles  of  sound  policy,  and 
destructive  of  one  of  the  greatest  safeguards  of  liberty. 
But,  if  considered  in  relation  to  the  change  of  circum- 
stances, it  will  appear  in  perfect  accordance  with  the 
most  jealous  maxims  of  civil  liberty. 

The  reason  why  a judge  is  not  allowed  to  decide 


87 


CONGRESS  OF  NATIONS. 


283 


matters  of  fact  in  ordinary  cases,  is,  in  the  first  place, 
that  he  is  a permanent  magistrate,  and  would  thereby 
be  clothed  with  an  undue  degree  of  power ; and,  in 
the  second  place,  that  there  could  not  be  the  same  con- 
fidence in  his  honest  impartiality,  as  in  that  of  persons 
taken  from  the  mass  of  the  people,  chosen  only  for  the 
occasion,  and  to  return  among  those  very  individuals 
for  whom  they  have  been  engaged  in  the  distribution 
of  justice. 

But  the  exposition  of  the  law,  which  is  not  a matter 
of  uncertain  conjecture,  but  of  almost  mathematical 
calculation  and  certainty,  is  safely  and  properly 
entrusted  to  the  judge,  because  he  is  possessed  of  the 
necessary  learning  and  ability,  and  because  he  may  so 
easily  be  detected  and  refuted,  if  he  decides  improp- 
erly. The  decision  of  facts,  being  a matter  of  opinion, 
is  entrusted  to  the  honesty  of  twelve  peers  of  the 
litigant  parties. 

But,  if  the  jury  were  possessed  of  the  necessary 
skill  and  learning,  there  would  be  no  necessity  for  the 
expositions  of  the  judge.  The  whole  matter  might 
be  left  to  them  entirely,  and  with  perfect  safety ; and 
such  is  the  course  which,  it  is  believed,  may  be 
pursued  with  regard  to  the  national  arbitrator.  Should 
his  office  be  made  permanent,  like  that  of  a judge, 
the  conferring  of  such  extensive  powers  would  have 
been  altogether  inadmissible ; but  being  selected  for 
the  single  occasion,  and  possessing  the  necessary  skill 
and  learning,  there  can  be  no  reasonable  objection  to 
constituting  him  judge  and  jury  for  the  decision  of 
the  entire  question. 


284 


CONGRESS  OF  NATIONS. 


88 


The  elements,  therefore,  of  an  entire  system  of 
national  jurisprudence  are  all  in  existence ; and  expe- 
rience has,  to  a greater  or  less  degree,  tested  their 
excellence.  The  other  departments  of  a government 
over  nations,  so  far  as  they  are  necessary  to  a thorough 
and  peaceable  distribution  of  justice,  are  also  known 
and  tried.  Without  the  introduction,  therefore,  of  any 
new  and  doubtful  principle,  little  more  is  wanting, 
than  to  frame  together  the  customs  and  institutions  at 
present  in  existence  into  one  entire,  harmonious 
system,  and  obtain  for  it  a general  adoption.  In  this 
manner  was  the  common  law  of  England,  as  well  as 
many  of  the  provincial  laws  of  France,  at  first  intro- 
duced. Success  has  heretofore  attended  such  a 
method  of  proceeding.  It  is  not  unreasonable  to 
suppose,  that  like  effects  may  again  result  from  the 
same  causes. 

In  accordance  with  these  views,  the  following 
system  has  been  faintly  sketched,  in  the  hope,  that 
with  the  modifications  and  finishing  touches  which 
may  be  requisite,  it  may  be  instrumental  in  promoting 
our  general  object. 

A permanent  Congress  forms  one  of  the  most 
natural  and  conspicuous  features  in  the  proposed 
system.  It  should  be  constituted  of  representatives 
from  every  independent  state  willing  to  embrace  the 
proposition.  Each  state,  whether  weak  or  powerful, 
should  have  an  equal  representation;  for  the  nice 
and  sensitive  jealousy  of  independent  nations  would 
revolt  at  any  scheme  not  founded  on  perfect  republican 
equality.  The  different  members  of  this  Congress 


89 


CONGRESS  OF  NATIONS. 


285 


should  be  appointed  in  any  manner,  and  for  any 
length  of  time,  their  respective  governments  should 
think  proper.  Their  sittings  should  be  held  at  some 
place  where  the  different  representatives  would  be 
least  likely  to  be  exposed  to  undue  influences. 

That  this  system  would  possess  advantages  over 
that  of  retaining  ambassadors  at  each  others’  courts,  is 
evinced  by  the  successful  resort  so  often  made  of  late 
to  general  congresses  to  settle  all  important  matters. 
Affairs,  which  must  in  some  degree  concern  all,  can 
be  better  regulated  by  the  wisdom  and  consent 
of  all.  It  would,  also,  possess  advantages  over  the 
practice  of  resorting  to  occasional  congresses,  since 
it  would  be  always  in  session,  ready  to  attend  to 
matters  of  too  small  importance  to  call  for  a special 
convocation.  Without,  perhaps,  dispensing  with  the 
necessity  of  either  of  the  above  methods  of  arranging 
national  troubles,  it  would,  for  many  purposes,  com- 
bine the  advantages  of  both. 

As  any  government  advances  towards  refinement 
and  perfection,  different  powers,  once  lodged  in  the 
same  hands,  become  separated  and  distributed.  Thus, 
immediately  after  the  expulsion  of  the  Tarquins,  the 
Roman  consuls  became  a substitute  for  kings.  They 
were  magistrates,  judges  and  military  leaders.  Expe- 
rience, at  length,  taught  the  expediency  of  a division 
of  these  powers ; and  praetors,  quaestors,  aediles,  censors, 
dictators  and  even  tribunes  of  the  people,  although  in 
some  respects  they  possessed  powers  not  formerly 
exercised  by  consuls,  still  each  became  clothed  with  a 
portion  of  the  former  consular  authority,  while  consuls 


286 


CONGRESS  OF  NATIONS. 


90 


themselves  were  still  continued.  So,  in  the  present 
case,  the  powers  formerly  exercised  by  ambassadors 
may,  with  advantage,  be  separated.  The  system  of 
diplomacy  by  resident  ambassadors  may,  for  some 
purposes,  still  be  continued.  Special  congresses  may 
still  be  convoked  for  particular  objects ; while  the 
general  Congress  may  proceed  to  transact  its  appro- 
priate business  with  better  success  than  could  possibly 
be  done  in  any  other  manner. 

But  the  most  important  advantage,  which  may  be 
reasonably  hoped  to  be  obtained  from  this  measure, 
will  result  from  the  understanding  and  agreement  that 
national  difficulties  are  to  be  submitted  to  this  body 
for  adjustment,  as  a matter  of  course.  This  will, 
therefore,  be  looked  to,  in  the  first  place,  as  the  natural 
source  of  redress.  The  opinions  of  impartial,  disin- 
terested men,  the  mediation  of  neutral  states,  may  here 
be  offered,  without  carrying  the  appearance  of  an 
unwarrantable  intermeddling  with  the  affairs  of  others. 
But,  above  all,  this  peaceable  means  may  be  resorted 
to,  without  being  regarded  as  an  evidence  of  fear  or 
impotence,  or  without  the  least  humiliation  of  national 
pride.  On  these  accounts,  it  is  believed,  that  such 
an  institution  would,  without  difficulty,  be  effectual, 
in  the  first  instance,  in  preventing  the  effusion  of 
blood.  The  decisions  of  this  Congress  would, 
probably,  in  most  cases,  meet  with  the  sanction  of  all 
the  parties  interested,  and  thus  prevent  all  farther 
difficulty. 

The  subjects  which  will  naturally  be  brought 
before  the  notice  of  this  Congress,  will  be,  in  the  first 


91 


CONGRESS  OF  NATIONS. 


287 


place,  to  discuss  and  establish  general  rules  and  prin- 
ciples of  the  law  of  nations ; and,  secondly,  to  examine 
and  adjust,  in  an  amicable  manner,  any  issue,  whether 
of  law  or  fact,  which  may  be  joined  between  inde- 
pendent states.  Its  character,  as  it  regards  the 
former  of  these  objects,  will  be  legislative — as  to  the 
latter,  judicial. 

Disagreements  as  to  the  principles  of  national  law 
have  frequently  been  the  fruitful  causes  of  contention 
and  bloodshed.  The  right  claimed  by  one  nation,  to 
seize  upon  the  persons  of  her  own  seamen  found  on 
board  the  ships  of  another,  and  the  right  of  search  as 
incident  thereto,  has  not  long  since  been  the  cause  of 
hostilities  between  England  and  the  United  States. 
The  questions,  whether  free  ships  make  free  goods — 
whether  the  trade  of  colonies  shut  in  time  of  peace, 
can  be  opened  in  time  of  war  — whether  a whole 
coast  can  be  declared  in  a state  of  blockade,  without 
an  adequate  naval  force,  and  many  others  of  a like 
nature,  have  frequently  threatened  the  most  bloody 
consequences.  The  effectual  settlement  of  all  contro- 
verted questions  of  national  law,  of  whatever  nature, 
would  be  a long  stride  towards  the  establishment  of 
everlasting  peace ; and  I can  conceive  of  nothing  more 
calculated  to  fix  and  determine  these  controverted 
points,  than  a congress  of  dispassionate  men,  acting 
under  the  solemn  conviction  that  they  were  fixing 
principles  for  all  posterity. 

But  the  most  fruitful  causes  of  national  quarrels  are 
generally  of  a more  complicated  nature,  involving  the 


288 


CONGRESS  OF  NATIONS. 


92 


settlement  of  facts,  as  well  as  the  establishment  of 
legal  principles.  This  action  of  the  Congress  will  be 
of  a judicial  character.  It  would  be  well  calculated 
for  such  a trust.  The  immediate  representatives  of 
the  parties  interested  would  probably  be  excluded 
from  having  a voice  in  any  decision  of  the  tribunal ; 
and  as  fair  and  impartial  a decision  would  thus  be 
secured  as  could  reasonably  be  expected  under  any 
circumstances. 

As  to  the  degree  of  authority  which  the  decisions 
of  this  body  should  possess,  I am  clearly  of  the  opin- 
ion that  they  ought  to  be  valid  only  after  receiving  the 
sanction  of  the  governments  interested;  thus  being 
placed  on  a footing  with  treaties  formed  by  ambassa- 
dors, or  those  entered  into  by  the  various  congresses 
which  have  already  existed.  By  making  them  irrev- 
ocable without  a ratification,  we  should,  at  least,  be 
taking  a doubtful  and  untried  step.  We  should  do 
more — we  should  be  erecting  a paramount  power, 
a sovereign  authority,  superior  to  the  mightiest 
empires.  To  this  they  never  would,  they  never  ought 
to  submit.  Their  sturdy  independence  would  revolt 
at  a subordination  which  would  be  altogether  incom- 
patible with  the  liberty  and  safety  of  nations.  The 
cautious  maxim  should  here  more  than  elsewhere  be 
pursued, — never  to  vest  in  any  hands  a power  not 
absolutely  necessary  for  the  maintenance  of  order  and 
a quiet  government ; and  this  is  not  of  such  a nature. 
A power  of  this  description  would  soon  erect  itself 
into  a tyranny,  or  dwindle  into  contempt.  But  such 


93 


CONGRESS  OF  NATIONS. 


289 


can  never  be  the  case,  so  long  as  the  power  of  a veto, 
SO  far  as  concerns  itself,  resides  in  every  member  of 
the  confederacy. 

It  may  be  asked.  What  would  be  gained  by  the 
establishment  of  such  a body  with  such  powers  1 I 
answer,  A very  great  advance  would  be  made  towards 
the  introduction  of  permanent  peace,  not  only  for  the 
reasons  already  given,  but  for  another  and  perhaps 
still  stronger. 

The  decisions  of  such  a senate  would  produce  a 
moral  effect,  in  most  cases  altogether  resistless.  We 
all  know  what  authority  accompanies  the  opinion  of 
any  distinguished  civilian  or  publicist  on  questions  of 
national  law.  Still  they  are  enforced  by  no  visible 
sanction.  The  only  force  such  opinions  possess, 
results  from  the  great  moral  power  which  reason,  and 
virtue,  and  talents,  will  ever  exert  over  mankind  — 
even  over  those  least  experimentally  acquainted  with 
either.  Now  suppose  a grave  senate,  who  have 
devoted  their  time  and  talents  to  the  consideration  of 
questions  of  this  nature,  venerable  by  their  years, 
renowned  for  their  learning,  revered  for  their  probity, 
and,  above  all,  regularly  constituted  by  the  voice  of 
nations  to  examine  and  pronounce  upon  difficult  and 
controverted  questions,  suppose  them,  after  thorough 
and  deliberate  investigation,  to  deliver  an  opinion  on 
any  subject  submitted  for  their  examination ; would  it 
not  come  clothed  with  an  overwhelming  weight  of 
authority  1 

In  fact,  mankind  are  much  more  governed  by 
moral  influence  than  is  generally  supposed.  The 

37 


290 


CONGRESS  OF  NATIONS. 


94 


decisions  of  the  English  courts  of  justice  possess  with 
us  almost  as  much  weight  of  authority  as  those  of 
our  own  state  tribunals ; but  where  is  the  obligation 
to  respect  them,  further  than  they  are  declaratory  of 
the  great  principles  of  reason  and  justice?  If  we 
scan  the  causes  of  human  obedience  to  any  of  the 
requisitions  of  law,  we  shall  find  that  force  and 
severity  enter  for  a very  small  share  in  the  account. 
Nations  are  beginning  to  discover  this  truth.  The 
rigidity  of  government  is  daily  relaxing ; punishments 
are  mitigated,  restraints  removed,  and  men  are  allowed 
to  follow  in  a greater  degree  the  dictates  of  their  own 
choice  unrestrained,  except  by  moral  considerations. 

In  one  point  of  view,  the  want  of  legal  obligation 
to  obedience  will  operate  to  give  their  decisions 
increased  authority.  Should  such  decisions  be  clearly 
incorrect  or  iniquitous,  nothing  short  of  absolute, 
resistless  force  would  compel  obedience,  whatever 
might  be  the  nominal  parchment  obligation.  On  the 
other  hand,  if  they  are  clearly  equitable,  no  coercion 
will  be  needed.  Now  the  very  fact,  that  acquiescence 
in  their  opinions  is  altogether  dependent  upon  their 
intrinsic  merit,  will  tend  to  render  them  upright. 
Interest  and  self-esteem  will  urge  them  to  act  accord- 
ing to  the  dictates  of-  justice.  Let  them  but  acquire 
a celebrity  for  impartiality,  and  they  will  exert  the 
strongest  and  highest  possible  authority. 

Whenever  any  general  statute  has  passed  the  Con- 
gress, any  great  legal  principle  settled,  or  any  general 
treaty  made,  that  is  to  say,  in  any  case  where  its 
action  has  been  strictly  legislative,  the  veto  of  any  of 


95 


CONGRESS  OF  NATIONS. 


291 


the  confederate  states  should  be  conclusive,  so  far  as 
concerned  itself.  But  where  its  action  was  judicial — 
where  it  related  to  the  matter  in  controversy  between 
any  of  the  confederate  nations  which  might  otherwise 
eventuate  in  hostilities — a peaceable  termination  must, 
at  all  events,  be  secured.  The  rejection  of  the 
decision  of  the  Congress  should  only  be  by  appealing 
to  some  other  tribunal.  The  constitution  of  this  court 
of  appeals  will  be  the  next  subject  of  consideration. 

In  pursuance  of  the  views  with  which  our  system 
was  commenced,  we  shall  endeavor  to  complete  it,  by 
incorporating  and  arranging  the  customs  and  institu- 
tions already  found  in  existence,  rather  than  by  a 
resort  to  experiments,  however  ingenious.  This,  as 
well  as  the  dictates  of  natural  reason,  causes  us  to 
turn  our  eyes  to  the  highest  executive  officer  of  some 
independent  state,  as  the  most  safe  and  natural  tribu- 
nal of  dernier  resort.  Whether  his  country  was  a 
member  of  the  confederacy  or  not,  should  make  no 
difference  for  this  purpose ; and  his  decision  should 
be  finally  and  irrevocably  obligatory. 

With  regard  to  the  manner  in  which  he  is  to  be 
selected,  it  is  probable  the  parties  themselves  might 
fix  on  the  individual  by  mutual  consent.  But,  if 
this  cannot  be  done,  there  should  be  such  means  pro- 
vided, that  a choice  will  infallibly  be  made.  Perhaps 
something  like  the  method  of  drawing  jurors,  giving 
each  party  a qualified  right  of  challenging,  might  be 
unobjectionable ; but  it  is  unnecessary  in  this  Essay  to 
enter  into  these  details. 

Nothing  should  be  done  to  prevent  the  parties 


292 


CONGRESS  OF  NATIONS. 


96 


themselves  from  enjoying  entire  liberty  to  make  an 
amicable  arrangement  at  any  stage  of  the  proceedings, 
either  by  a final  settlement  between  themselves,  or  by 
referring  it  to  any  individual  or  set  of  individuals,  upon 
whom  they  can  agree.  A peaceable  settlement,  in 
one  way  or  another,  is  all  that  is  sought  for.  Let 
legalized  murder  be  banished  from  the  world,  and  the 
more  liberty  we  can  leave  in  the  possession  of  nations, 
the  better. 

It  will  naturally  be  asked.  What  provision  is  to  be 
made  for  carrying  any  final  decision  into  effect?  I 
answer.  None  at  all  will  be  necessary.  Let  it  be 
considered  in  the  light  of  a treaty,  guaranteed  by  the 
general  sanction  of  the  law  of  nations,  and  then 
where  is  the  state  that  will  be  sufficiently  reckless  to 
disregard  it?  When  a treaty  is  made,  embracing 
several  states,  it  is  not  unusual  for  some  of  the  most 
powerful  of  these  to  guarantee  its  observance,  as  was 
done  by  France  and  Sweden,  at  the  peace  of  West- 
phalia. If  it  be  deemed  necessary,  let  all  the  high 
contracting  parties  guarantee  obedience  to  every  final 
decision.  No  new  principle  will  thereby  be  intro- 
duced. Perhaps  no  special  provision  will,  on  that 
account,  be  necessary,  the  whole  being  left  to  the 
option  of  the  different  members  of  the  confederacy. 
y!^s  is  the  case  in  all  treaties,  each  party  would  have 
the  right  to  compel  obedience. 

As  a security  against  the  usurpation  of  the  more 
powerful  members  of  the  confederacy,  any  state 
should  be  allowed  to  withdraw  from  the  compact  at 
pleasure.  But  by  so  doing,  it  should  not  be  able  to 


97 


CONGRESS  OF  NATIONS. 


293 


annul  a decision  regularly  made  against  it.  I would 
even  be  in  favor  of  going  so  far  as  to  allow  of  such 
secession  at  any  time  previous  to  the  final  submission 
to  the  arbitrator.  It  will  be  more  easy  and  safe  to 
add  to  the  powers  of  the  union  afterwards,  than  to 
diminish  them.  If  this  be  an  error,  it  is  on  the  side 
of  liberty. 

Such  are  the  outlines  of  a system,  which,  with  all 
due  diffidence,  and  with  the  sincere  hope  that  it  may 
prove  instrumental  in  promoting  the  desired  object,  I 
submit  to  the  consideration  of  mankind. 

It  would  have  been  no  difficult  matter  to  have  pro- 
posed a plan  whose  energy  would  have  satisfied  the 
strongest  advocate  of  an  iron  government ; but  this 
would  have  been  destructive  of  national  independence, 
were  it  not  for  the  fact,  that  it  could  never  have 
obtained  an  adoption.  Nor  would  it  have  required 
greater  political  sagacity,  to  have  sketched  a system 
possessing  so  little  power  and  restraint,  as  to  be  alto- 
gether unobjectionable  to  the  most  jealous  ultra-liberal 
in  matters  of  politics ; but  this  might  not  have  pro- 
duced the  desired  effect.  To  adopt  a middle  course, 
or  rather  one  which  should  avoid  the  objections,  and 
secure  the  advantages  of  both, — to  produce  order, 
without  the  instrumentality  of  galling  restraint, — to 
ensure  peace,  without  endangering  liberty,  has  been 
the  great  object  held  constantly  and  prominently  in 
view ; with  what  effect  it  remains  to  be  determined. 

The  measure  here  proposed,  can  be  adopted  with- 
out the  least  danger ; and  this  constitutes  its  strongest 
recommendation,  and  is,  in  fact,  a quality  of  indis- 


294 


CONGRESS  OF  NATIONS. 


98 


pensable  importance.  Above  all  things,  we  must 
avoid  proceeding  too  fast  and  too  far.  In  the  case  of 
individuals,  the  object  was  the  establishment  of  order 
at  whatever  price.  Any  government,  however  des- 
potic, was  preferable  to  unrestrained  licentiousness. 
They,  accordingly,  at  first  adopted  the  most  simple 
in  form,  and  in  one  shape  or  other  established  absolute 
tyrannies,  placing  all  their  liberties  at  the  absolute 
disposal  of  the  government,  and  merely  for  the  sake 
of  securing  safety  and  quiet.  From  that  time,  there 
has  been  a struggle  on  the  part  of  the  many  to  obtain 
a restoration  of  that  freedom,  the  exercise  of  which  is 
not  incompatible  with  good  order,  and  the  necessary 
energy  of  civil  government.  They  have  been  pro- 
ceeding most  triumphantly  in  this  career  for  the  last 
century,  and  are  daily  discovering  that  much  less 
governmental  coercion  is  necessary  than  had  always 
been  before  imagined.  When  men  can  be  left  to  the 
undisturbed  possession  of  their  own  property,  and  the 
exercise  of  their  own  wills,  unawed  by  power,  unas- 
sisted by  favor, — when  every  grievance  meets  with 
its  appropriate  and  peaceable  redress,  and  every  right 
its  ready  acknowledgment  and  support, — when  all 
this  is  done,  with  the  least  possible  intermeddling  with 
our  natural  freedom,  we  may  conclude  we  have  attain- 
ed the  perfection  of  civil  government.  Towards  this 
state  mankind,  in  their  individual  capacity,  have  for  a 
long  time  been  progressing  by  a sort  of  retrograde 
movement. 

Nations  are  approaching  the  same  point,  but  from 
a contrary  direction,  and  by  a direct  advance.  Their 


99 


CONGRESS  OF  NATIONS. 


295 


object,  too,  has  been  the  establishment  of  civil  order 
and  rational  quiet.  Not  having  been  impelled  by  the 
same  urgent  necessity  as  individuals,  they  have  pro- 
ceeded with  the  most  cautious  and  deliberate  circum- 
spection. Separated  from  each  other  by  distance  and 
natural  boundaries,  less  exposed  to  the  immediate 
inconveniences  of  continual  jars  and  conflicts,  the 
preservation  of  independence  was  of  greater  impor- 
tance than  that  of  peace ; and,  accordingly,  the  former 
has  been  sustained  at  the  expense  of  much  of  the 
latter.  Individuals  have  made  an  acquisition  in  favor 
of  rational  liberty,  whenever  they  have  succeeded  in 
throwing  off  a restraint,  without  affecting  the  stability 
of  useful  existing  establishments, — nations,  when  they 
have  introduced  a wholesome  restraint,  without  com- 
promising their  substantial  liberties.  The  two  are 
approaching  the  same  line  from  opposite  sides.  The 
great  object  of  the  one  should,  therefore,  be,  to  avoid 
overstepping  it  on  the  side  of  licentiousness ; of  the 
other,  on  that  of  tyranny. 

Nothing  of  this  kind  need  be  dreaded  from  the 
measure  herein  proposed.  The  liberties  of  the  con- 
tracting parties  cannot  be  in  the  least  degree  endan- 
gered. No  paramount  sovereignty  will  be  thereby 
created ; for  the  Congress  is  the  instrument  of  the 
states  themselves,  every  legislative  act  of  which  can 
be  finally  and  effectually  rejected  by  any  state,  and 
every  judicial  decision  freely  appealed  from.  The 
umpire  who  is  to  decide  in  the  last  resort,  is  an  indi- 
vidual chosen  for  the  special  occasion,  clothed  with 
no  controlling  authority,  and  never  able  on  account  of 


296 


CONGRESS  OF  NATIONS. 


100 


his  office  to  acquire  any  sovereign  ascendency.  In 
fact,  no  greater  power  is  lodged  in  the  hands  of  any 
individual,  than  has  long  before  been  in  existence, 
without  danger  or  disparagement  to  perfect  national 
independence.  The  Congress  will  possess  no  greater 
authority  than  has  frequently  been  vested  in  the 
representative  assemblages  of  nations;  none  greater 
than  is  perpetually  exercised  by  ambassadors.  The 
powers  of  the  umpire  will  be  similar  to  those  conferred 
upon  the  king  of  the  Netherlands  on  the  occasion 
already  referred  to,  which  would  certainly  create  no 
very  just  apprehensions. 

But  the  great  and  efficient  safeguard  of  national 
independence  consists  in  the  provision,  that  any 
member  can  at  pleasure  annul  the  obligation  which 
binds  it  to  the  confederacy.  Without  this  provision, 
no  national  compact  of  this  nature  can  be  safe,  and 
with  it  none  can  be  very  dangerous.  Consequences 
the  most  disastrous  may  be  developed  by  time,  not 
dreamt  of  in  the  beginning,  which  would  render  a 
provision  of  this  nature  indispensable  to  the  political 
safety  of  some  of  the  contracting  parties ; but,  what- 
ever may  be  the  power  of  the  Congress,  or  the 
umpire,  no  settled,  deliberate  system  of  injustice  or 
oppression  can  be  matured  and  perfected,  while  the 
intended  victim  itself  is  thus  armed  with  power  to 
arrest  it  effectually.  No  detriment  can,  therefore, 
arise  from  this  source  to  national  independence ; no 
daring  innovation  is  made  upon  existing  establishments, 
no  reckless  experiment  unauthorized  by  the  success 
of  previous  experience. 


101  CONGRESS  OF  NATIONS.  297 

Not  only  is  this  scheme  safe,  if  adopted,  and  indulged 
with  a fair  and  full  trial,  but  it  promises  to  prove  effec- 
tual. It  furnishes  the  means  of  improving  the  law  of 
nations  — of  estabhshing  any  of  its  unsettled  princi- 
ples — of  enacting  new  regulations  — and,  finally,  of 
adjusting,  in  an  amicable  manner,  any  misunderstand- 
ing which  may  arise  from  among  the  multifarious 
transactions  of  a busy,  bustling  world.  If  this  can  be 
accomplished,  nothing  more  will  be  necessary.  And 
is  it  extravagant  to  suppose  that  something,  similar  in 
kind  and  character  to  the  design  here  sketched,  may 
be  perfected  and  adopted,  which  will  render  a recourse 
to  arms  a thing  almost  unknown  from  that  time  forth 
for  ever  ? 

It  will  be  thought  by  many,  that  this  system  will 
prove  defective,  from  a want  of  intrinsic  strength; 
that  what  we  have  deemed  one  of  its  most  necessary 
features  will  prove  its  greatest  objection ; and  that, 
instead  of  permitting  free  power  of  separation,  some 
binding  force  should  have  been  created,  to  hold  the 
different  parts  indissolubly  united.  We  shall  be  asked. 
What  is  to  prevent  an  instantaneous  and  total  disso- 
lution? We  reply.  What  is  there  to  hold  the  rocks  on 
the  earth’s  surface,  or  the  earth  herself  in  her  orbit  ? 
They  wiU  tell  us,  inherent  attraction  — the  constant 
and  powerful  action  of  the  force  of  gravity.  Even  of 
such  a nature  is  the  power  on  which  reliance  is 
placed  for  the  permanence  of  our  contemplated 
system;  — upon  a principle  of  moral  gravitation,  a 
great  centripetal  force,  tending  to  draw  men  and 
nations  into  permanent  union,  and  which  it  will 


38 


298 


CONGRESS  OF  NATIONS. 


102 


require  the  most  repulsive  and  unnatural  violence  to 
neutralize  and  counteract. 

Does  not  the  whole  history  of  the  world  sufficiently 
demonstrate  the  existence  of  this  power?  It  is  true, 
we  cannot  see  it,  we  cannot  handle  it,  we  cannot  even 
measure  it ; but  can  we  not  see  its  elfects  on  all  sides 
of  us?  And  can  we  doubt  its  existence,  any  more 
than  that  of  material  attraction  ? Have  not  individuals 
been  thereby  collected  into  communities,  communities 
into  nations,  and  nations  even  already  into  a sort  of 
imperfect  republic  ? Has  not  all  this  been  done,  in 
spite  of  many  formidable  obstacles ; and  if  the  system 
can  be  once  completed,  will  not  this  power,  which  was 
sufficient  to  call  it  into  being,  preserve  it,  unless  torn 
asunder  by  some  extraordinary  violence  ? It  will  not, 
therefore,  be  necessary  to  bring  in  extraneous  force  to 
bind,  but  to  avoid  whatever  would  dissolve.  If  left 
entirely  to  itself,  unassisted,  undisturbed,  it  will,  from 
the  principles  of  its  nature,  be  permanent. 

While  the  law  of  material  attraction  is  continued, 
the  earth  needs  no  iron  bands  to  hold  her  parts  in 
quiet  contact,  no  constraining  force  to  confine  her 
spontaneous  movements  in  her  orbit,  lest,  regardless 
of  her  allegiance,  she  should  break  loose  from  her 
union  with  the  solar  system,  and  launch  forth  on  some 
comet  track  of  reckless  independence.  But  once 
destroy  this  law,  and  all  the  exertions  of  human  power 
and  ingenuity  could  not  for  a moment  retain  her  in 
her  path,  nor  preserve  her  most  solid  substance  from 
immediate  dissolution. 

Again,  while  the  physical  elements  are  permitted. 


103 


CONGRESS  OF  NATIONS. 


299 


unimpeded,  to  obey  the  simple  laws  of  their  nature, 
the  mightiest  planets  assume  the  form  and  structure 
of  lasting  stability.  Not  only  the  firm  earth  and  the 
solid  rocks,  but  the  liquid  and  inconstant  ocean,  the 
elastic  and  fickle  air,  assume  a position  of  general  and 
permanent  quiet.  It  is  true,  earthquakes  sometimes 
convulse  whole  continents ; but  they  spontaneously 
return  to  their  former  quiescence.  Storms  and  hurri- 
canes arouse  the  tumult  and  uproar  of  the  more 
changeful  and  turbulent  elements ; but  a calm  soon 
restores  them  to  their  original  obedience.  But  when 
men  venture  to  disregard,  or  attempt  to  counteract, 
these  simple  laws,  when  by  means  of  external  force 
they  undertake  to  dispense  with  the  principle  of 
internal  attraction,  or  to  baffle  the  general  gravitating 
energy  of  the  universe,  they  raise  a pigmy  structure 
of  a few  hundred  feet,  and  it  crushes  with  its  own 
weight.  They  attempt  to  confine  the  natural  current 
of  the  puny  stream  — it  soon  swells  and  overleaps  the 
obstacle;  and  if  this  be  sufficiently  magnified,  the 
accumulated  flood  gathers  resistless  strength,  overturns 
the  impotent  barrier,  and,  exasperated  by  restraint, 
sweeps  through  the  country  below,  with  an  inunda- 
tion destructive  in  proportion  to  its  former  confinement. 

Now  I would  not  wish  to  have  it  inferred  from 
what  has  been  said,  that  no  artificial  regulations  of 
government  should  modify  and  even  constrain  the 
natural  freedom  of  mankind,  any  more  than  I would 
disapprove  the  erection  of  dikes  and  edifices  because 
they  required  a departure  from  the  free  operation  of 
the  laws  of  physical  nature ; but  I would  draw  the 


300 


CONGRESS  OF  NATIONS. 


104 


conclusion,  that  more  reliance  might  safely  be  placed 
on  the  unconstrained  action  of  natural  causes  and 
principles  than  is  generally  supposed  — that,  if  we  are 
seeking  for  stability  and  permanence,  we  should  as 
much  as  possible  allow  all  things  to  remain  in  their 
state  of  natural  level  and  equilibrium  — that  every 
constraint  upon  this  order  of  nature  implies  violence, 
and  this,  when  sufficiently  aggravated,  produces  con- 
vulsion and  disaster. 

I know  very  well  these  ideas  are  very  different  from 
those  once  entertained,  and  which  are  not  even  yet 
grown  entirely  obsolete.  In  every  department  of 
human  life,  the  system  of  physical  restraints  has  been 
introduced,  and  deemed  alone  worthy  of  reliance ; 
since  it  rendered  the  relation  between  cause  and 
effect  visible  and  comprehensible.  The  laws  of 
physical  or  moral  nature — because  their  operations 
could  not  be  traced  — if  not  regarded  as  the  mere 
guidings  of  accident,  have  not,  at  least,  been  confided  in 
as  the  unerring  statutes  of  an  infallible  lawgiver.  Their 
efficacy,  even  in  the  most  ordinary  operations,  has 
been  generally  distrusted.  Drugs  and  nostrums  have 
been  administered  to  regulate  the  most  simple  of  the 
animal  functions,  and  to  ward  off  the  dangers  appre- 
hended from  the  uncontrolled  action  of  those  laws 
which  have  been  established  to  preside  over  the 
human  system ; as  if  the  great  Architect  of  nature 
required  the  aid  of  human  quacks,  to  preserve  the 
healthful  operation  of  those  machines  where  he  has 
manifested  his  most  wonderful  skill. 

Nor  have  the  laws  of  moral  nature  met  with  more 


105 


CONGRESS  OF  NATIONS. 


301 


implicit  confidence.  In  civil  government,  their  least 
indulgence  has  been  deemed  altogether  inadmissible. 
Legal  enactments  have  been  thought  necessary  to 
regulate  and  direct  every  act  of  human  life.  At  each 
step  in  the  civil  and  criminal  code  of  all  nations,  we 
have  been  met  by  arbitrary  restraints,  and  sanguinary 
punishments ; as  though  no  virtue  could  be  practised, 
but  in  obedience  to  human  behests,  and  no  vice 
abstained  from,  unless  from  fear  of  corporeal  torture. 
Arbitrary  restraints  have  been  introduced  for  the  reg- 
ulation of  commerce,  of  the  mechanic  arts,  and  even 
of  the  most  ordinary  transactions  between  man  and 
man.  The  civil  authority  has  even  stretched  its 
jurisdiction  over  the  consciences  of  men,  and  impiously 
presumed  to  interpose  between  man  and  his  Maker ; 
and  thus  a species  of  legal  empiricism  has  crept 
into  the  administration  of  every  department  of  civil 
government. 

Similar  notions  found  their  way  into  the  political 
world.  Sheer  force  has  been  deemed  the  only  power 
upon  which  reliance  could  or  need  be  placed,  to 
preserve  the  political  existence  of  communities  or 
empires.  In  accordance  therewith,  have  tyrants 
reigned  and  slaves  obeyed,  with  mutual  fear  and 
trembling.  States,  united  by  congenial  affinity,  have 
been  rent  asunder,  and  forced  into  the  most  unnatural 
combinations.  Provinces  have  been  hewn  off  from 
the  parent  stock,  and  all  reluctant  and  bleeding  been, 
by  force,  incorporated  with  the  dominions  of  an  hered- 
itary enemy ; and  even  individuals,  as  fixtures  to  the 
soil,  have  been  transferred  from  hand  to  hand ; and 


302 


CONGRESS  OF  NATIONS. 


106 


no  other  principle  than  that  of  force  seems  to  have 
been  conceived  capable  of  retaining  their  allegiance. 
These  ideas  had  become  so  prevalent,  had  been  so 
generally  received  and  taught,  and  the  practice  thence 
resulting  had  become  so  universal,  that  they  were 
regarded  as  unquestionable.  The  simple  operation  of 
natural  laws  had  been  so  thoroughly  impeded  and 
concealed,  that  their  existence  was  hardly  recognized  ; 
at  least  their  efficacy  was  universally  distrusted. 
Perhaps,  had  it  been  practicable,  men  would  have 
proceeded  to  still  greater  extremities,  in  their  distrust 
of  the  efficacy  of  natural  laws.  They  might  have 
made  an  effort  to  chain  down  the  stones  to  the  surface, 
or  bridged  over  the  ocean,  or  confined  the  winds,  or 
attached  a halser  to  the  sun,  to  restrain  the  license  of 
the  earth’s  eccentricity. 

But  all  such  narrow  and  distrustful  notions  are 
gradually  vanishing.  We  are  beginning  to  discover 
that  there  are  permanent  laws  established  by  the 
Framer  of  worlds,  whose  unassisted  exercise  is  in 
most  cases  abundantly  efficacious ; that  the  necessity 
of  human  interference  is  not  for  the  purpose  of  reme- 
dying their  imperfections,  but  of  removing  impediments 
to  their  unrestrained  action.  The  bodily  functions 
are  beginning  to  be  left  to  their  natural  operation. 
Freedom  of  individual  action  is,  in  many,  if  not  in  most 
particulars,  permitted.  In  the  transactions  between 
man  and  man,  it  is  daily  rendered  more  evident,  that 
the  suppression  and  prevention  of  iniquity  are  almost 
the  only  objects  which  call  for  the  exercise  of  law  — 
that  the  administration  of  justice  does  not  demand  the 


107 


CONGRESS  OF  NATIONS. 


303 


restraint  of  any  substantial  individual  liberty,  requiring 
neither  the  exercise  of  absolute  control,  on  the  one 
hand,  nor  of  passive  obedience,  on  the  other  — that 
the  people  may  be  their  own  sovereigns — that  thus  a 
government  may  be  formed,  requiring  no  extraneous 
force  to  propel,  no  hereditary  pilot  to  direct ; but  that 
it  may  be  a self-propelling  machine,  guided  by  its  own 
intuitive  reason,  moved  by  the  spontaneous  exercise 
of  its  own  volition. 

We  are  beginning,  also,  to  discover  that  patriotism 
does  not  result  from  constraint — that  men  are  not 
members  of  the  social  compact  merely  from  compul- 
sion— that  the  magnitude  of  an  empire  which  can  be 
preserved  in  quiet  obedience,  is  not  to  be  determined 
by  the  strength  of  the  bolts  and  bands  that  will  hold 
together  a heterogeneous  and  mutually  repulsive 
mass — that  relations,  permanent  as  time,  may  exist 
between  individuals,  and  empires,  without  the  least 
external  appearance  of  coercion  — that  constraint, 
under  such  circumstances,  counteracts  its  own  object 
by  distorting  the  form  resulting  from  natural  equi- 
librium, the  only  position  of  permanent  quiet ; and  that, 
instead  of  the  prescriptions  of  political  mountebanks, 
heretofore  so  generally  received,  the  true  secret  of 
preserving  the  body  politic  in  a state  of  health  and 
vigor,  is  to  leave  it  to  the  undisturbed  action  of  the 
laws  of  its  own  nature. 

The  dangers,  also,  which  were  once  apprehended 
from  general  religious  toleration — from  entire  freedom 
of  trade  and  commerce — from  a general  license  to 
follow  any  honest  calling  by  an  honest  path,  are  no 


304 


CONGRESS  OF  NATIONS. 


108 


longer  dreaded.  The  dissolution  of  communities  and 
empires,  which  it  was  once  thought  would  result  from 
the  relaxation  of  the  strict  laws  intended  to  bind  them 
together,  is  not  so  generally  apprehended.  Other 
laws  are  discovered  to  be  in  existence,  whose  binding 
force  is  infinitely  greater,  though  their  galling  restraint 
is  infinitely  less,  for  God  himself  has  framed  and 
established  them. 

Remove  every  external  hindrance  to  emigration, 
and  who  thence  anticipates  the  dissolution  of  even 
the  worst  government  on  earth  ? So  much  are  men 
bound  to  the  homes  of  their  birth,  to  the  friends  of 
their  early  years,  to  the  communities  of  their  kindred 
blood,  to  the  country  with  whose  language  and  whose 
laws,  however  tyrannical,  they  have  been  long  familiar, 
that  to  break  asunder  all  these  ties,  and  become 
launched  into  a foreign,  unknown,  untried  land, 
requires  a force  almost  like  that  which  would  hurl  an 
integral  portion  of  the  earth  beyond  the  sphere  of 
her  attraction.  And  if  a nation  had  been  drawn  by 
the  force  of  natural  attraction  into  a system  like  that 
herein  sketched,  and  which  has  long  been  in  a state 
of  spontaneous  formation,  without  the  exertion  of 
some  powerful  and  unnatural  centrifugal  force,  it 
would  remain  as  unshaken  in  its  alliance,  as  the  orbs 
which  encircle  the  sun.  But  once  dissolve  this  gravi- 
tating principle,  and  all  the  attempts  to  preserve  the 
integrity  of  the  confederacy  by  force  would  be  like 
the  flaxen  bands  with  which  the  maniac  would 
attempt  to  confine  a raging  flame,  increasing  the  very 
conflagration  they  impotently  attempt  to  extinguish. 


109 


CONGRESS  OF  NATIONS. 


305 


While  indulging  in  such  reflections,  a grand  social 
system  rises  majestically  before  the  delighted  imagi- 
nation. The  elemental  chaos  seems  arranging  itself 
into  definite  shapes,  the  general  confusion  is  giving 
place  to  order,  and  a moral  universe  appears  just 
springing  into  form,  and  being,  and  perfection.  Great 
Father  of  nature ! Is  it  a delusion  of  the  youthful 
fancy ; or  hast  thou,  from  the  creation  of  the  world, 
estabhshed  the  laws  whose  slow  but  continual  action 
is  at  length  producing  this  mighty  creation?  Hast 
thou  given  existence  to  the  spirit  of  life,  which  is  but 
waiting  the  completion  of  the  corporeal  frame,  to 
enter,  and  quicken,  and  preserve  from  dissolution? 
Shall  nations  soon  commence  revolving,  without  jar 
or  collision,  around  the  great  sun  and  centre  of  their 
common  attraction,  which  is  on  all  sides  dispensing 
light,  and  peace,  and  happiness ; while  each  of  those 
nations,  like  so  many  mighty  planets,  is  internally 
assuming  the  form  and  structure  best  calculated  to 
secure  its  future  stability  ? It  may  be  an  illusion ; 
but  I hope  it  will  last  for  ever.  I would  fain  continue 
my  confidence  in  the  doctrine  of  human  perfectibility. 
I would  gladly  preserve  the  belief,  that  the  world  is 
hereafter  continually  to  become  more  wise,  more 
happy,  more  free. 

Having  exhibited  an  outline  of  a system  for  in- 
troducing and  securing  permanent  national  quiet, 
together  with  some  reasons  in  its  favor  which  most 
naturally  suggested  themselves,  it  may  not  be  amiss 
to  compare  this  design  with  some  others  of  a some- 
what similar  character  which  have  already  existed. 

39 


306 


CONGRESS  OF  NATIONS. 


110 


Several  permanent  confederacies  among  indepen- 
dent states  are  recorded  in  history,  which,  although 
they  have  not  sometimes  possessed  the  durability, 
nor  been  productive  of  all  the  benefits  intended,  will 
each  serve  as  a guide  or  a beacon. 

The  first  of  these  of  any  considerable  importance, 
of  which  we  have  any  authentic  account,  is  the 
Grecian  confederacy,  with  the  Amphictyonic  Council 
at  its  head.  It  was  composed  of  twelve  of  the  most 
considerable  states  of  Greece,  which  before  that  time 
were  each  as  independent  as  any  of  the  modern 
nations  of  the  earth.  In  fact,  their  social  relations 
with  each  other  had  not  attained  a stage  nearly  so 
much  advanced  as  exists  among  modern  kingdoms. 
Commerce  had  not  given  rise  to  such  friendly  and 
familiar  intercourse.  They  were  not  as  free  from 
little  bickerings  and  jealousies.  They  had  not  a 
system  of  international  law,  which,  in  point  of  excel- 
lence, could  be  compared  with  ours ; and  they  had 
not,  in  other  respects,  advanced  so  far  in  the  formation 
of  a national,  social  compact.  The  objects  of  the 
confederacy  were  to  preserve  internal  quiet,  and 
resist  external  violence.  The  first  step  in  this  under- 
taking was  the  establishment  of  a law  of  nations 
among  the  independent  states,  and  to  provide  for  the 
pacific  adjustment  of  the  internal  troubles  which 
might  be  expected  to  arise.  The  Council  of 
Amphictyons  was  established  for  this  purpose,  com- 
posed of  two  deputies  from  each  individual  state  of 
the  confederacy.  They  had  power  to  enact  general 
laws,  to  declare  war,  make  peace,  form  alliances,  and 


Ill  CONGRESS  OF  NATIONS.  307 

to  compose  internal  dissensions.  For  this  purpose, 
where  persuasion  was  ineffectual,  they  might  employ 
coercion.  Their  decisions  were  enforced  by  a pecun- 
iary fine,  which  was  doubled  unless  paid  within  a given 
time ; and  if  submission  was  then  refused,  the  whole 
confederacy  were  bound  to  take  up  arms  to  compel 
obedience. 

The  Lycian  confederacy  was  composed  of  twenty- 
seven  cities  of  the  province  of  Lycia  in  Asia  Minor. 
Each  was  entitled  to  a voice  in  the  common  council 
in  proportion  to  its  importance  ; the  larger  cities  having 
three  votes,  those  next  in  size  two,  and  the  smaller, 
one ; and  the  public  burdens  were  distributed  in  the 
same  ratio.  The  different  cities  had  each  its  own 
magistrates,  and  regulated  its  own  domestic  concerns 
at  pleasure.  The  general  government  had  nearly  the 
same  powers  as  the  Amphictyonic  Council.  It  was 
deemed  by  Montesquieu  the  model  of  a federal 
republic.*  They  had  few  written  laws,  but  were 
governed  principally  by  customs.  The  union  existed 
for  a long  time,  until,  at  length,  it  was  overwhelmed 
by  the  spread  of  Roman  power. 

The  Achaean  League  was  composed  of  all  the 
principal  cities  of  Greece,  and  is  subsequent  in  date 
to  the  Amphictyonic  Council.  They  had  a common 
congress,  in  which  every  state  was  equally  represented. 
The  powers  and  objects  of  the  confederacy  were 
similar  to  those  above  described.  The  paramount 
government,  however,  seems  to  have  engrossed  more 


Spirit  of  Laws,  book  7,  c.  iii. 


308 


CONGRESS  OF  NATIONS. 


112 


of  the  attributes  of  sovereignty ; for  when  Lacedemon 
entered  the  League,  she  was  obliged  to  renounce  the 
institutions  of  Lycurgus,  which  had  been  retained 
unquestioned  during  her  membership  to  the  Amphic- 
tyonic  confederacy. 

Similar  political  associations  are  well  known  in  the 
history  of  modern  nations,  the  most  remarkable  of 
which  are  the  Germanic,  the  Helvetic,  the  Hanseatic, 
and  the  Dutch  confederacies. 

The  German  empire  sprung  from  the  feudal  sys- 
tem, and  once  consisted  of  several  hundred  states,  in 
most  respects  independent  and  sovereign.  By  the 
usual  process  of  aggregation,  the  number  has  now 
become  reduced  to  thirty-eight.  In  addition  to  the 
powers  exercised  by  the  confederacies  already  men- 
tioned, it  had  a federal  judiciary,  an  executive  head, 
and  the  right  of  levying  taxes.  Any  member  might 
be  put  to  the  ban  of  the  empire  for  disobedience,  by 
which  the  party  was  degraded  from  his  sovereign 
rights,  and  his  possessions  forfeited.  This  was  much 
more  nearly  approximated  to  a consolidated  govern- 
ment than  any  of  the  others  already  considered.  The 
members  of  the  confederacy  were  prohibited  from 
entering  into  compacts  prejudicial  to  the  empire  — 
from  imposing  tolls  and  duties  on  their  mutual  inter- 
course, without  the  consent  of  the  emperor  and  diet 
— from  altering  the  value  of  money — from  doing 
injustice  to  one  another,  and  from  affording  assistance 
or  retreat  to  the  disturbers  of  the  public  peace.  Sub- 
ject to  these  loose  conditions,  they  might  individually 
contract  alliances  and  levy  war. 


113 


CONGRESS  OF  NATIONS. 


309 


The  situation  of  Germany  was  vastly  changed  by 
the  arms  of  France  at  the  time  of  the  revolution. 
The  empire,  after  an  existence  of  nearly  one  thousand 
years,  was  overthrown,  and  the  Confederation  of  the 
Rhine  arose  from  its  ruins.  This  lasted  till  the 
downfall  of  Napoleon,  and  was  then  succeeded  by 
the  Germanic  Confederation.  Although  vast  political 
changes  were  by  these  means  produced  in  the  con- 
dition of  Germany,  still  these  did  not  destroy  the 
fundamental  constitution  of  a confederacy  of  indepen- 
dent states  united  for  the  preservation  of  external  and 
internal  peace. 

The  Helvetic  republic  is  at  present  composed  of 
twenty-two  Swiss  cantons,  each  retaining  its  own 
particular  structure  of  internal  government.  Of  these, 
the  greater  portion  have  adopted  democratic  constitu- 
tions, one  is  a monarchy,  and  all  the  rest  aristocracies. 
They  have  a general  diet;  but  the  union  is  less 
intimate,  and  bears  less  the  characteristic  stamp  of 
sovereignty,  than  that  of  the  Germanic  confederation. 
They  have  no  national  coin,  no  common  treasury,  no 
national  troops,  no  common  tribunal. 

Still,  the  concerns  of  the  nation,  both  external  and 
internal,  are  regulated  by  the  national  diet.  The 
armies,  the  taxes,  the  alliances,  the  commercial  and 
other  treaties,  the  relations  of  peace  and  war,  and  the 
adjustment  of  domestic  disturbances,  all  come,  in  some 
degree,  under  its  general  cognizance.  Each  canton  is 
a sovereignty — an  entire  unit.  It  acts  and  is  acted 
upon  in  its  collective  political  capacity,  and  in  none 
other.  The  diet  holds  its  sessions  every  two  years 


310 


CONGRESS  OF  NATIONS. 


114 


successively,  in  the  cantons  of  Berne,  Zurich,  and 
Lucerne.  The  governor  of  the  canton  where  the  diet 
is  held,  becomes  a kind  of  temporary  head  for  all 
Switzerland. 

When  a dispute  arises  among  any  of  the  cantons, 
there  is  a provision,  that  the  parties  to  that  dispute 
shall  each  choose  four  judges  out  of  the  neutral  can- 
tons, who,  in  case  of  disagreement,  select  an  umpire. 
This  tribunal,  under  an  oath  of  impartiality,  pronounces 
definitive  sentence,  which  all  the  cantons  are  bound 
to  enforce. 

About  the  middle  of  the  thirteenth  century,  a few 
cities  of  Germany  formed  themselves  into  a union  for 
commercial  purposes,  and  received  the  name  of  the 
Hanseatic  League,  or  the  confederacy  of  the  Hanse 
towns.  Their  number  increased,  till  it  amounted 
to  eighty-five.  They  had  a regular  government, 
managed  by  a diet  or  congress,  which  was  clothed 
with  most  of  the  attributes  of  sovereignty.  The 
declared  object  of  the  League  was  the  protection  of 
their  commerce  from  pillage,  principally  from  pirates  ; 
to  guard  and  extend  the  foreign  commerce  of  the 
allied  cities,  and,  as  far  as  practicable,  to  monopolize 
it;  to  manage  the  administration  of  justice  within  the 
confederacy  ; to  prevent  injustice,  by  public  assem- 
blies and  courts  of  arbitration ; and  to  maintain  the 
rights  and  immunities  received  from  princes,  and,  if 
possible,  to  increase  and  extend  them.*  This  confed- 
eracy flourished  for  nearly  four  hundred  years.  It 


Encyclopedia  Americana,  title,  Hansa. 


115 


CONGRESS  OF  NATIONS. 


311 


increased  amazingly  in  wealth  and  importance,  and 
became  one  of  the  principal  powers  of  Europe.  It 
made  war,  and  peace,  and  conquests.  It  made 
treaties,  formed  alliances,  dethroned  kings,  and  dis- 
posed of  crowns.  It  had  ships,  and  money,  and 
soldiers.  It  exercised  a judicial  control  over  the 
members  of  the  League,  and  it  levied  taxes  and  con- 
tributions to  carry  on  any  undertaking  of  a public 
nature.  The  operation  of  natural  causes  has  now 
reduced  this  once  formidable  association  to  the  four 
free  cities  of  Hamburgh,  Bremen,  Lubeck,  and 
Frankfort. 

The  United  Netherlands,  or  the  Dutch  republic, 
was  composed  of  seven  provinces,  of  which  Holland 
was  the  chief.  The  sovereign  power  was  vested  in 
a States  General,  where  each  province  was  equally 
represented.  The  members  held  their  seats  for 
different  periods,  some  for  hfe,  some  for  six  years, 
some  for  three  years,  some  for  one  year,  and  others 
during  pleasure.  The  executive  chief  magistrate  was 
called  a stadtholder,  who  at  length  became  an  heredi- 
tary prince. 

Each  of  the  provinces  was  of  itself  a confeder- 
ation of  lesser  communities  or  cities,  and  on  all 
important  questions  it  was  necessary  that  not  only 
the  different  provinces,  but  even  the  very  cities, 
should  be  unanimous.  This  provision  was  disre- 
garded when  the  government  felt  itself  sufficiently 
powerful,  and  rendered  it  nerveless  when  it  was 
otherwise ; and  thus  the  government  continually 
oscillated  between  impotence  and  tyranny.  Nothing 


312 


CONGRESS  OF  NATIONS. 


116 


but  the  most  imminent  danger  could  ever  hold  such  a 
disjointed  fabric  united,  and  even  this  union  must 
necessarily  be  temporary.  With  these  qualifications, 
the  powers  of  government  were  similar  to  most  of 
those  already  mentioned. 

In  all  these  examples,  which  have  thus  received  a 
cursory  examination,  there  appears  to  be  many  shades 
of  difference ; but  there  is  one  great  characteristic 
feature  common  to  all.  The  control  of  the  paramount 
authority  was  exercised  over  each  of  the  component 
members  in  their  corporate,  collective  capacity.  They 
were  all  sovereignties  over  sovereigns.  The  only  coer- 
cion was  military  force  directed  against  an  entire  state. 
The  pacific  arm  of  the  civil  magistrate  was  not  per- 
mitted to  crush  or  chastise  individual  transgression 
or  iniquity;  so  that  the  disobedience  of  a single 
individual  might  involve  the  whole  state  to  which  he 
belonged ; and  if  then  persisted  in,  the  inevitable 
consequence  was  a civil  war,  or  an  annihilation  of 
national  authority.  This  is  now  generally  deemed  a 
cardinal  and  insuperable  objection  to  any  confede- 
racy between  independent  states. 

Another  illustrious  example  of  the  union  of  several 
states  into  one  nation,  is  to  be  found  in  our  own 
country,  where  the  imperfection  just  referred  to  has 
been  effectually  avoided.  After  the  American  colonies 
had  cut  loose  the  dependence  which  bound  them 
to  the  parent  state,  they  formed  a confederation  similar 
in  many  respects  to  those  above  considered.  But 
the  imbecility  of  the  government  soon  began  to  mani- 
fest itself,  and  called  imperiously  for  a remedy.  A 


117  CONGRESS  OF  NATIONS.  313 

general  and  energetic  effort  was  made  for  the  improve- 
ment of  the  most  glaring  defects  in  the  system,  which 
resulted  in  the  establishment  of  our  present  constitu- 
tion. By  this,  not  only  is  there  a union  between  the 
states  considered  as  individuals,  but  there  are  bonds 
extending  through  the  entire  mass  of  the  structure, 
for  the  purpose  of  securing  an  indissoluble  perma- 
nence. The  chief  executive  magistrate  is  elected  by 
the  people  themselves ; and  every  individual  exerts,  as 
nearly  as  practicable,  an  equal  influence  in  that  election. 
In  the  constitution  of  one  of  the  two  Houses  of 
Congress,  the  distinct  and  equal  sovereignty  of  the 
different  states  is  recognized ; but  the  other  is  the 
representative  of  the  people  themselves,  as  constituent 
portions  of  one  great  entire  nation. 

By  the  action  of  the  judicial  department.  Justice  is 
brought  directly  home  to  each  individual,  instead  of 
depending  for  its  execution  on  his  own  more  imme- 
diate state ; and  thus  this  most  fruitful  of  all  causes 
of  disobedience  and  dissension,  the  rebellious  pride 
of  a subordinate  sovereign  conscious  of  the  power 
to  resist,  is  in  a great  degree  avoided.  These  are 
unobjectionable,  legitimate,  effectual  bonds  of  union, 
and  give  the  distinct  impress  of  nationality  to  the 
entire  fabric ; not  depending  upon  a mere  parchment 
regulation  — not  the  forcible  union  of  distinct  and 
uncongenial  parts  by  physical  bolts  and  bands  ^ — but 
one  resulting  from  the  unmolested  action  of  natural 
affinities,  rendered  permanent  by  a removal  of  the 
causes  of  convulsion  — one  where  the  independent, 
isolated  masses  are  in  some  degree  melted  down  — 


40 


314 


CONGRESS  OF  NATIONS. 


118 


where  their  elements  are  commingled,  and  thus  the 
whole  incorporated  into  an  entire,  indissoluble  body. 

From  these  examples  we  learn,  that  one  of  the 
greatest  sources  of  civil  discord  which  existed  in 
former  confederacies,  and  has  been  avoided  in  our 
own,  arises  from  the  manner  of  dispensing  justice  to 
individuals.  Without  any  other  institutions  than  those 
now  existing,  this  evil  can  never  exist  in  any  alarming 
degree  in  the  republic  of  nations.  We  have  already 
observed,  that  the  courts  of  justice  of  the  different 
nations  have  long  been  used  in  some  degree  to 
distribute  justice  between  the  subjects  of  different 
governments,  and  have  thus  far  become  universal 
tribunals,  where  individual  transgression  meets  with 
direct  and  immediate  retribution.  As  far  as  practica- 
ble, this  system  should  be  extended,  and  thus  the 
greatest  probable  cause  of  future  misunderstandings 
annihilated.  For  I would  not  rely  solely  upon  any 
engagement  for  permanent  peace,  into  which  nations 
may  enter.  It  must  result  from  the  relations  we 
establish  between  them,  from  the  removal  of  the 
causes  of  collision,  from  the  excellence  of  the  pacific 
institutions  introduced,  and  not  from  any  formal 
treaties  upon  paper,  that  the  sword  of  nations  shall 
hereafter  be  permitted  to  rest  undisturbed  in  its 
scabbard. 

But  we  may  be  asked,  if  the  experiment  in  the 
United  States  has  proved  so  much  superior  to  those 
of  former  republics,  why  not  adopt  it  as  a model,  and 
introduce  similar  political  institutions  throughout  into 
the  republic  of  nations?  We  answer,  in  the  first 


119 


CONGRESS  OF  NATIONS. 


315 


place,  because  it  would  be  impracticable.  It  requires 
a surrender  of  too  great  a portion  of  the  sovereign 
authority  of  the  different  members  to  meet  with 
adoption  by  independent  nations.  It  calls  for  too 
intimate  a union,  to  meet  with  a successful  experiment 
by  kingdoms  and  states  so  different  in  laws,  manners, 
religion  and  intelligence,  as  those  which  now  possess 
the  earth.  Something  is  required,  which  will  not 
wound  the  most  sensitive  feeling  of  independence; 
something,  that,  while  it  unites  all  nations  into  one 
general  system,  will  require  no  commingling  of  the 
constituent  elements  of  its  separate  parts. 

But  another  reason  against  such  a constitution  is, 
that  it  is  altogether  unnecessary ; and  we  proceed 
upon  the  principle  of  making  no  change  in  existing 
establishments  which  is  not  absolutely  required. 

The  evils  above  alluded,  to  in  former  confederacies, 
resulted  not  as  the  necessary  consequence  of  a system 
of  allied  sovereignties,  but  from  the  fact  that  the 
means  used  were  incompatible  with  the  end  sought. 
The  object  was  to  form  a nation ; but  the  institutions 
introduced  for  that  purpose  were  not  national. 

In  politics,  as  in  architecture,  the  strength  and  form 
of  the  structure  must  be  adapted  to  the  stress  to 
which  it  is  to  be  subjected ; and  if  the  fabric  prove 
insufficient,  it  results  from  a violation  of  this  principle, 
and  does  not  demonstrate  the  impossibility  of  the 
undertaking,  nor  even  a defect  in  the  form  or  nature 
of  the  materials  employed.  There  are  two  methods 
of  preventing  disaster ; one,  by  giving  strength  to  the 
edifice,  the  other  by  securing  freedom  from  external 


316 


CONGRESS  OF  NATIONS. 


120 


pressure  and  concussion  ; for,  like  the  structure  of  the 
earth,  when  the  union  is  simple  and  natural,  there  is 
no  tendency  to  crush  with  its  owm  weight. 

Thus,  if  several  nations  were  to  enter  into  a treaty, 
that  no  one  would  molest  any  of  the  others  in  the 
peaceable  pursuit  of  its  legitimate  avocations,  this  would 
require  no  political  union  whatever.  The  relations 
thereby  established  are  altogether  negative.  The 
only  existing  obligation  is  that  of  justice ; the  only 
necessary  caution  is  that  of  avoiding  collision  with 
the  independent  movements  of  other  states,  accord- 
ing to  the  terms  of  the  compact. 

But  suppose  them  to  proceed  one  step  further — 
to  enter  into  positive  engagements,  and  form  artificial 
relations  with  each  other.  This  begins  to  put  on 
something  of  the  appearance  of  a union,  and  requires 
circumstances  not  called  for  in  the  former  case. 
Then  the  compact  was  merely  declaratory  of  the  law 
of  nature;  and  might,  without  fear  of  disaster,  have 
been  entered  into  by  nations  the  very  moral  antipodes 
of  each  other.  But  the  relations  at  present  supposed 
can  never  be  hoped  to  be  long  preserved  in  harmony, 
unless  existing  between  states  having  a similarity  of 
object,  and  interest,  and  feeling.  Still,  no  visible 
connection  is  required ; and  in  other  respects  the 
state  of  things  is  similar  to  that  in  the  case  first 
considered. 

If,  in  addition  to  these  stipulations,  an  effort  be  made 
to  settle  disagreements  by  some  other  arbiter  than 
the  sword,  this  requires  the  establishment  of  a peace- 
ful tribunal  of  some  form  or  other.  A visible  confed- 


121 


CONGRESS  OF  NATIONS. 


317 


eracy  is  by  this  means  established ; a visible  centre 
of  attraction,  and  a visible  connecting  power,  binding 
the  whole  into  one  great  republic.  Still,  no  necessity 
exists,  calling  for  an  intimate  union  of  the  independent 
parts.  Each,  without  the  least  general  detriment,  can 
act  as  a perfectly  independent  being ; the  only  obliga- 
tion not  existing  in  the  former  cases  being  that  it  will 
not  mete  out  justice  to  itself,  but  submit  its  disputes 
as  a nation  to  the  decisions  of  some  common  tribunal. 

But  suppose  their  union  be  to  sustain  all  the  bur- 
dens of  peace  and  war ; if  taxes  and  troops  are  to  be 
levied ; if  one  portion,  by  artificial  regulations,  is  to 
be  made  the  general  recipient  of  public  favor,  and 
another  is  to  be  sacrificed  and  ruined,  whenever  the 
general  benefit  requires ; the  most  intimate  union 
becomes  necessary.  An  energetic,  central  govern- 
ment must  be  created ; the  distinctive  lines  of  sepa- 
ration between  the  different  members  must,  if  possible, 
be  obliterated.  Whatever  would  tend  to  arouse  sec- 
tional pride  or  sectional  animosity,  must  be  obviated 
as  much  as  possible,  and  every  institution  savoring  of 
separate  sectional  sovereignty  must  be  discouraged,  or 
ruin  will  be  the  result.  The  nation  must  become  a 
consolidated  whole ; its  government  must  possess  the 
attribute  of  power,  and  its  laws  be  characterized  by 
energy. 

Independent  nations  are  generally  in  one  of  the 
two  stages  first  above  supposed.  The  third  is  that 
to  which  we  wish  them  to  be  brought,  and  which  they 
are  already,  by  degrees,  spontaneously  approaching. 
The  fourth  relates  to  the  formation  of  a united  nation. 


318 


CONGRESS  OF  NATIONS. 


122 


whose  object  is  not  only  the  preservation  of  domestic 
peace,  but  the  provision  for  external  resistance  and 
attack.  It  is  only  called  for  by  the  strong  appre- 
hension of  frequent  war;  and,  when  carried  to  a 
sufficient  extent,  becomes  a species  of  military  organ- 
ization, a despotism.  If,  with  one  of  the  former 
modes  of  organization,  the  powers  of  the  latter  were 
attempted  to  be  exercised,  the  evil  consequences - 
thence  resulting  would  not  demonstrate  the  imperfec- 
tion of  the  system  adopted,  but  only  its  want  of  adap- 
tation to  the  object  sought  thence  to  be  accomplished. 

An  ignorance,  or  a disregard  of  these  principles, 
produced  the  defects  already  noticed  in  most  of  the 
confederacies  which  have  yet  existed.  Their  object 
was  not  merely  internal  quiet,  but  resistance  to  exter- 
nal violence ; and  all  the  energetic  measures  which 
this  necessity  gives  rise  to,  ought  to  have  been  pro- 
vided for.  Exposed  to  continual  collisions  from 
without,  their  situation  required  the  unity  of  a nation, 
and  they  sought  to  form  themselves  into  one.  Exter- 
nally, their  object  seemed  to  be  accomplished;  but 
there  was  no  internal  correspondence.  The  separate 
masses  forming  the  fabric,  having  no  sufficient  cement, 
trembled  beneath  the  shocks  to  which  they  were 
continually  exposed. 

The  permanent,  connecting  bond,  which  can  hold 
men  united  as  a nation,  does  not  consist  in  a mere 
parchment  agreement,  signed  and  sealed  by  the  con- 
tracting parties,  but  in  the  very  institutions  of  the 
country.  A consciousness  of  nationality  must  be  laid 
in  the  habits,  manners,  and  early  education  of  the 


123 


CONGRESS  OF  NATIONS. 


319 


people,  not  in  the  formal  compact  of  their  governors. 
In  the  republics  we  have  been  at  first  considering, 
there  is  little  to  show  the  people  that  they  constituted 
one  united  nation.  The  paramount  congresses  pro- 
ceeded not  from  them,  but  from  their  immediate 
governments.  Theii’  love  of  country,  their  ideas  of 
patriotism,  centered  in  their  own  city  or  state.  Re- 
wards and  punishments  were  visited  upon  them  by 
their  own  immediate  sovereigns  ; and  a feeling  of 
exclusive  state  pride  was  naturally  engendered,  which 
entirely  prevented  a spirit  of  nationality. 

A wiser  policy  was  pursued  in  the  structure  of  the 
government  of  these  United  States,  and  the  most  of 
these  objectionable  features  avoided.  The  internal 
institutions  are,  to  a great  extent,  in  strict  accordance 
with  the  general  purpose  of  the  government.  The 
separate  sovereignties,  if  not  intimately  incorporated, 
are  so  welded  together,  that,  for  all  external  purposes, 
they  form  one  united  body.  How  intimate  this  union 
should  be,  and  how  far  it  actually  does  extend,  is  not 
precisely  determined.  If  it  be  necessary  to  provide 
for  the  exercise  of  arbitrary  acts  of  sovereignty,  by 
the  general  government,  every  vestige  of  state  inde- 
pendence cannot  be  too  effectually  annihilated.  But, 
if  none  but  mild  measures  are  likely  to  be  called  for ; 
if  artificial  restraint  is  little  likely  to  be  resorted  to 
in  any  considerable  degree ; if  the  course  of  events 
is  to  be  permitted  to  flow  onward  in  nearly  its  natural 
channel ; if  measures,  imposing  burdens  or  dispensing 
favors  to  one  section  to  a much  greater  extent  than  to 
the  others,  are  not  to  be  pursued,  then  the  separate 


320 


CONGRESS  OF  NATIONS. 


124 


existence  of  the  individual  members  of  the  union 
may,  to  a greater  extent,  be  safely  permitted.  The 
one  of  these  two  courses  is  productive  of  more  phys- 
ical strength,  the  other  of  more  liberty.  It  is  an 
object  to  retain  as  much  of  the  latter,  and  to  dispense 
with  as  much  of  the  former,  as  can  safely  be  done. 

The  necessary  extent  of  this  internal  incorporation 
will  depend  upon  the  circumstances  in  which  we  are 
likely  to  be  placed,  and  upon  the  objects  we  propose 
to  attain.  Were  it  probable  that  we  should  be  fre- 
quently exposed  to  foreign  wars,  energetic  measures 
would  be  demanded ; strength  would  be  the  chief 
requisite.  Were  these  never  to  be  anticipated,  the 
separate  states  might  safely  retain  a greater  portion  of 
liberty.  The  intimacy  of  the  internal  union  will, 
therefore,  be  necessarily  apportioned  to  the  amount 
of  governmental  coercion  likely  to  be  called  for.  If 
this  were  to  be  nothing  at  all,  if  each  separate  state 
were  to  be  left  entirely  free,  in  the  regulation  of  all  its 
domestic  affairs,  and  in  all  things  which  concerned  the 
interests  of  its  own  citizens,  there  would  be  no  neces- 
sity of  any  intermingling  union  at  all ; and  such  is 
precisely  the  nature  of  the  confederacy  intended  to 
be  established  among  nations.  We  wish  not  to 
produce  an  intimate  union,  but  a social  system  of 
independent  bodies ; not  the  regulation  of  their  inter- 
nal concerns,  but  merely  the  prevention  of  external 
collisions. 

The  maxims  derived  from  the  evil  consequences  of 
forming  confederacies  of  sovereignties  do  not,  there- 
fore, apply  to  a case  like  that  now  before  us,  but 


125  CONGRESS  OF  NATIONS.  321 

merely  regard  the  formation  of  a united  nation.  As 
a proof  of  this,  we  have  only  to  instance  the  thousands 
of  treaties  which  have  been  made  and  kept  by 
independent  states,  without  any  of  these  disastrous 
consequences.  Every  compact  of  this  kind  is,  to  a 
greater  or  less  extent,  a confederation,  and  bears  a 
much  more  striking  analogy  to  the  present  under- 
taking than  do  any  of  the  confederated  republics 
which  have  passed  under  our  review.  They  inter- 
meddled not  with  the  internal  transactions  of  each 
other ; they  required  no  intimate  intermixture.  They 
were  the  elements  of  a general  confederacy,  growing 
thus  spontaneously  into  existence ; and  naturally  as- 
suming by  degrees  the  form  and  properties  which  can 
render  it  permanent,  and  the  completion  of  which  is 
the  object  of  our  present  effort. 

Another  scheme,  more  general  in  its  object  than 
those  above  considered,  and  more  assimilated  in 
some  respects  to  the  design  with  which  we  are  now 
occupied,  deserves  to  be  noticed.  Although,  owing 
to  a most  melancholy  catastrophe,  it  was  never 
reduced  to  practice,  the  character  of  the  individuals 
engaged  entitles  it  to  our  respect  and  consideration. 
I refer  to  the  design  of  Henry  the  fourth,  of  France, 
to  unite  all  Europe  into  one  federal  republic.  The 
object  of  this  great  prince  was  to  reduce  the  over- 
grown power  of  the  house  of  Austria,  and  to  provide 
for  the  future  quiet  of  Christendom.  In  the  prosecu- 
tion of  this  object,  all  Europe  was  to  be  divided,  as 
nearly  as  practicable,  into  fifteen  equal  subdivisions, 
constituting  so  many  separate,  independent  sovereign- 


'll 


322 


CONGRESS  OF  NATIONS. 


126 


ties.  The  fears  and  jealousies  of  these  different 
powers  were  thus  to  be  so  balanced,  that  no  one 
would  have  grounds  of  hope  or  apprehension  from 
any  future  hostilities. 

Six  of  these  independent  governments,  France, 
Spain,  Britain,  Denmark,  Sweden,  and  Lombardy, 
were  to  be  hereditary  monarchies.  The  Empire,  the 
Papacy,  Poland,  Hungary  and  Bohemia,  were  to  be 
elective  monarchies ; and  the  four  others,  comprising 
Venice,  Italy,  Switzerland  and  Belgium,  were  to  be 
republics.  There  was  to  have  been  a senate,  com- 
posed of  members  from  each  of  the  confederate 
states,  which  was  to  have  been  kept  in  continual 
session.  The  Amphictyonic  Council  was  to  have 
served  for  its  model.  It  was  to  have  deliberated  upon 
the  interests  of  all  Europe,  civil,  political  and  religious, 
and  to  have  decided  all  controversies,  both  among 
themselves  and  with  their  neighbors.  The  emperor, 
the  pope,  the  kings  of  France,  Spain,  Denmark, 
England,  Sweden,  Lombardy,  Poland,  and  the  Vene- 
tian Republic,  were  each  to  have  been  represented  in 
this  general  congress  by  four  delegates ; the  other 
powers  were  to  have  had  but  two.  The  members  of 
the  senate  were  to  have  been  elected  or  appointed  by 
their  respective  governments  once  in  three  years ; but 
whether  they  should  meet  in  one  or  three  different 
assemblies,  whether  their  place  of  meeting  should  be 
fixed  or  ambulatory,  was  never  determined. 

Henry  had  not  only  conceived  the  design  himself, 
but  had  obtained  the  countenance  and  consent  of 
several  of  the  powers  interested.  Among  these  were 


127 


CONGRESS  OF  NATIONS. 


323 


the  States  General  of  the  United  Provinces,  the 
landgrave  of  Hesse,  the  prince  of  Anhalt,  all  the 
protestants  of  Hungary,  Bohemia,  and  Lower  Austria, 
several  of  the  princes  and  towns  of  Germany,  and 
most  of  the  Swiss  cantons.  Elizabeth  of  England 
was  also  associated  in  the  scheme ; but  upon  her 
death,  her  cautious  and  timid  successor  declined 
following  out  the  bold  system  of  policy  she  had 
commenced. 

The  king,  at  the  time  of  his  assassination,  had 
adopted  and  almost  matured  a course  of  energetic 
preparations  for  this  arduous  undertaking.  He  had 
actually  set  on  foot  two  armies,  consisting  of  more 
than  fifty  thousand  men,  with  forty  pieces  of  cannon. 
Magazines  and  military  stores  were  collected  and 
deposited  at  proper  places  for  facilitating  the  execu- 
tion of  the  enterprise  ; and  all  was  conducted  in  such 
a manner  as  not  only  to  evince  the  strength  necessary 
to  success,  but  also  to  carry  the  evident  appearance 
of  justice,  policy,  and  good  faith. 

Had  not  Henry  fallen  a prey  to  the  dagger  of  a 
fanatic,  it  is  impossible  to  say  what  would  have  been 
the  consequences  of  his  astonishing  attempt.  The 
state  of  Europe  would,  in  all  probability,  have  been 
widely  different  from  what  it  is  at  present.  Had  his 
scheme  proved  successful,  according  to  the  intentions, 
or  at  least  the  professions,  of  its  contrivers,  it  would 
probably  have  prevented  the  necessity  of  the  present 
effort.  As  it  is,  however,  we  can  only  regard  it  as  a 
splendid  project,  which,  if  it  cannot  teach  us  experi- 
mental wisdom  by  its  practical  operation,  may  at  least 


324 


CONGRESS  OF  NATIONS. 


128 


excite  our  emulation  by  its  magnanimity,  its  bold  and 
broad-spreading  philanthropy. 

But  whatever  may  have  been  the  merit  of  the  design, 
under  the  cii’cumstances  existing  at  the  time,  it  is 
unquestionably  a model  which  it  would  be  impracti- 
cable and  unsafe  to  follow  at  the  present  day.  It  was 
a scheme  founded  in  physical  force,  the  only  great 
revolutionary  power  then  recognized  or  confided  in. 
But  Europe,  since  that  time,  has  witnessed  many  a 
scene  of  bloody  convulsion,  and  her  liberties  have  not 
been  thereby  overwhelmed ; and  perhaps  the  humane 
violence  then  contemplated  might  have  prevented 
more  evil  than  it  would  have  produced.  Perhaps  the 
great  restorative  principle  of  nature,  political  as  well 
as  physical,  would  have  healed  the  wounds  thereby 
inflicted,  however  deep ; and  the  arbitrary  and  sud- 
den separation  of  political  bodies,  which  had  been 
compacted  by  years  and  natural  affinity,  would  not, 
perhaps,  have  produced  the  consequences  that  might 
have  been  expected  to  result  from  such  mutilation. 
But,  at  the  present  day,  to  apply  the  political  knife  to 
the  living,  whole  and  healthful  empires  of  the  earth ; 
to  carve  out  by  the  edge  of  the  sword  a new  system, 
regardless  of  the  form  and  dimensions  of  present 
establishments,  would  be  not  only  unnecessary,  but 
would  probably  prove  disastrous. 

The  present  magnitude  and  boundaries  of  the  great 
bodies  politic  which  occupy  the  earth  are  the  result  of 
natural  causes,  and  are,  consequently,  better  adapted 
to  use  and  permanence  than  any  which  the  greatest 
human  skill  and  wisdom  could  possibly  form  anew ; 


129 


CONGRESS  OF  NATIONS. 


325 


SO  superior  is  nature,  in  any  of  her  departments,  to 
the  most  refined  operations  of  art. 

But  even  could  a more  judicious  subdivision  of 
territory  be  suggested,  how  can  it  now  be  made  ? 
Where  is  the  physical  force  that  can  effect  it  1 Will 
any  of  the  potentates  of  Europe,  any  of  the  republics 
of  America,  embark  in  such  a stormy  undertaking  ? 
Is  there  even  one  of  all  these  who  would  not  resist 
such  an  attempt?  It  is,  therefore,  fortunate  for  us, 
that  nothing  of  this  nature  is  now  contemplated, 
nothing  is  called  for,  nothing  is  desirable.  Our 
design  is  peace ; and  peaceable  are  all  the  measures 
by  which  we  hope  to  attain  it.  The  present  institu- 
tions of  the  earth  are  of  a form  and  structure  more 
favorable  to  our  enterprise  than  any  which  human 
ingenuity  could  possibly  contrive,  for  they  are  better 
adapted  to  stability.  We  aim  at  no  doubtful  experi- 
ment. We  shall  create  no  political  convulsion. 

But,  aside  from  the  means  of  its  establishment,  the 
very  constitution  of  the  confederation  proposed  by  the 
French  king  was  highly  objectionable.  At  that  day, 
the  voice  of  experience  had  not  spoken  as  audibly  as 
it  has  since  done  ; and  this  is  a sufficient  excuse  for 
the  noxious  principles  incorporated  into  his  system. 
As  it  was  never  carried  into  execution,  as  many  of 
its  features  were  never  fully  developed,  we  cannot 
examine  it  minutely,  nor  pronounce  correctly  upon  its 
character  in  every  particular.  Enough,  however, 
appears,  to  show  that  it  embodied  many  of  the  defects 
which  we  have  before  observed  with  regard  to  other 
confederated  republics,  and  perhaps  some  of  greater 


326 


CONGRESS  OF  NATIONS. 


130 


magnitude.  The  authority  to  be  vested  in  the 
national  council  was  too  extensive  to  be  compatible 
with  the  internal  frame  of  the  government.  It  was  to 
have  taken  cognizance  of  the  domestic  concerns  of 
the  members  of  the  confederacy  ; to  have  exerted  a 
supervisory  influence  over  their  civil,  political  and 
religious  condition ; and  still,  to  sustain  the  weight  of 
all  these  powers  of  government,  the  fabric  was  to  have 
been  constituted  of  loose  and  independent  parts, 
without  any  common  bond  of  natural  union  running 
through,  and  connecting  all  into  one  body. 

But  there  was  another  feature,  more  objectionable 
still.  From  what  we  are  able  to  perceive,  it  would 
appear  to  have  been  the  intention  for  the  central 
government  not  only  to  have  quieted  international 
disturbances,  but  to  have  quelled  internal  commotions, 
forcibly,  if  necessary.  This  would  have  made  it  a 
species  of  Holy  Alliance,  of  which  we  shall  speak 
more  at  length  hereafter. 

However  pure  and  benevolent,  therefore,  might 
have  been  the  intentions  of  those  who  conceived  the 
original  design,  powers  were  to  have  been  conferred 
upon  the  central  congress  dangerous  to  general 
liberty.  An  accumulation  of  authority  would  have 
been  produced,  which  would  have  been  seized  upon 
by  some  of  the  controlling  powers  of  the  confederacy, 
and  wielded  for  purposes  of  tyranny  ; and  besides,  a 
great  and  almost  insuperable  obstacle  would  have 
been  placed  to  the  growth  of  liberty  in  any  of  the 
independent  branches  of  the  republic. 

Institutions  differing  vastly  from  any  of  these  con- 


131 


CONGRESS  OF  NATIONS. 


327 


federacies,  actual  or  contemplated,  have  grown  familiar 
to  civilized  nations  in  modern  times,  much  more  akin 
to  that  now  sought  to  be  established,  and  which  have 
been  adopted  as  models  for  the  present  sketch  to  a 
much  more  considerable  extent.  These  are  the  general 
congresses ; of  which,  we  have  already  remarked, 
about  fifty  have  been  held  within  the  last  two  centu- 
ries. They  have  generally  been  convoked  during  the 
rage  of  extensive  wars,  to  compose  the  dissensions; 
and  rarely,  if  ever,  when  their  professed  wishes  were 
sincere,  have  they  failed  in  accomplishing  their  object. 
A course  of  policy  has  thus  been  springing  into  use, 
which,  before  men  were  conscious  of  its  effect,  has 
almost  completed  a tacit  social  compact,  requiring 
only  some  slight  improvement  and  a general  recogni- 
tion and  adoption,  to  constitute  the  independent 
powers  a united  government,  a democracy  of 
nations. 

Although  a passing  notice  has  already  been  given 
of  these  institutions,  and  nothing  further  was  intended 
in  this  Essay,  there  have  been  some  attempts  to 
mature  and  digest  them  into  a permanent  system, 
which  deserve  a little  more  consideration.  One  of 
the  most  important  of  these  is  the  Holy  Alliance,  to 
which  allusion  has  already  been  made.  It  was  first 
formed  in  the  year  1815,  between  the  emperors  of 
Russia  and  Austria,  and  the  king  of  Prussia.  The 
kings  of  France  and  England  afterwards  joined  the 
alliance  in  their  individual,  but  not  in  their  sovereign 
capacity,  and  several  of  the  other  potentates  of  Europe 
became  successively  members  of  the  compact.  By 


328 


CONGRESS  OF  NATIONS. 


132 


the  mutual  stipulations  into  which  they  entered,  it  was 
agreed  and  declared,  “ that,  in  accordance  with  the 
gospel  of  Jesus  Christ,  the  principles  of  justice, 
charity  and  peace  should  be  the  basis  of  their  internal 
administration,  and  of  their  international  relations  ; and 
that  the  happiness  and  religious  welfare  of  their  subjects 
should  be  their  great  object.”  Such  was  their  pious 
pretence  ; and  perhaps  it  was  honest  and  sincere;  but 
the  natural  consequences  of  the  system,  when  it  came 
to  be  reduced  to  practice,  were  baneful  to  liberty. 

These  consequences  soon  began  to  develop  them- 
selves. By  the  successive  congresses  between  1818 
and  1822,  held  at  Aix-la-Chapelle,  at  Carlesbad,  at 
Troppau,  at  Lay  bach,  and  at  Verona,  the  nature  and 
design  of  the  Holy  Alliance  came  to  be  fully  under- 
stood, and  were  openly  promulgated.  It  appeared 
that  it  was  an  alliance  of  the  sovereigns,  not  of  the 
nations ; entered  into  not  so  much  for  the  purpose 
of  composing  international  differences,  as  to  suppress 
the  dissemination  of  free  principles.  The  right  of  inter- 
fering in  the  domestic  concerns  of  any  nation  whose 
institutions  were  not  approved  by  the  allied  sovereigns, 
and  the  determination  to  preserve  at  all  hazards  the 
political  establishments  of  Europe  in  the  condition  in 
which  they  then  stood,  were  among  the  leading  and 
most  objectionable  features  of  the  new  policy ; and 
their  conduct  was  in  accordance  with  their  declara- 
tions. Energetic  measures  were  adopted  to  suppress 
the  first  scintillations  of  a spirit  of  liberty,  wherever 
they  began  to  manifest  themselves,  but  more  especially 
in  Germany  and  Sardinia.  The  violent  overthrow  of 


133  CONGRESS  OF  NATIONS.  329 

a free  government  in  Spain,  by  foreign  intervention, 
was  a measure  concocted  in  one  of  these  congresses, 
and  was  the  natural  offspring  of  this  alliance  of  the 
legitimates  against  popular  freedom. 

But  these  very  measures  of  precaution  by  monarchs 
evinced  their  apprehensions  of  popular  danger ; and, 
by  the  very  means  used  to  guard  their  authority, 
they  gave  the  most  unequivocal  manifestations  of  their 
impotence.  It  was  a last  and  desperate  struggle  to 
maintain  their  extravagant  prerogatives,  which  even 
now  has  almost  died  away.  The  increasing  spread 
of  liberal  principles  has  of  late  kept  each  monarch  so 
much  employed  with  his  own  concerns,  as  to  leave 
him  neither  time  nor  ability  to  intermeddle  with  those 
of  his  neighbors.  The  Alliance  has  daily  been 
regarded  in  a light  more  and  more  odious.  England 
and  France  have  entirely  withdrawn  from  it.  The 
recognition  of  the  independence  of  Belgium  shows, 
that  they  have  departed  from  the  principle  of  “legiti- 
mate stability.”  In  many  other  particulars,  also,  it 
has  been  compelled  by  circumstances  to  abandon  its 
original  intent,  until,  at  the  present  day,  it  can  hardly  be 
said  to  have  existence  at  all ; and  thus  an  institution 
most  alarming  to  hberty  will  soon  be  sought  for  only 
in  history ; serving  as  a beacon  to  warn  mankind  from 
like  dangers  in  future. 

The  Congress  of  Panama  was  of  a very  different 
character  from  that  just  described,  and  was,  in  fact, 
intended  in  some  degree  as  its  antidote.  The  Holy 
AUiance  had  begun  to  cast  its  eyes  across  the  ocean, 
with  a view  of  restoring  to  Spain  her  lost  dominion  in 


42 


330 


CONGRESS  OF  NATIONS. 


134 


the  new  world ; and  the  object  of  the  American 
republics  was  to  concert  an  organized  resistance. 
Some  of  the  South  American  states,  distrustful  of  the 
intentions  of  Bolivar,  who  had  first  suggested  the 
project,  refused  to  appoint  delegates ; but  representa- 
tives assembled  from  the  republics  of  Colombia,  Peru, 
Guatemala,  and  Mexico.  In  consequence  of  the 
friendly  disposition  manifested  by  our  government, 
we  received  an  invitation  to  become  represented  in 
the  Congress.  The  request  was  complied  with,  and 
delegates  sent ; but  before  their  arrival  the  Congress 
had  adjourned.  Since  that  time  it  has  never  again 
assembled. 

The  principal  objects  of  the  originators  of  this  plan 
were  to  secure  the  independence,  peace  and  safety  of 
the  young  American  republics ; to  guard  against 
foreign  invasion,  and  to  obtain  and  preserve  domestic 
quiet.  But  the  United  States  entertained  some  addi- 
tional designs,  of  a more  broad  and  comprehensive 
character.  They  intended  to  obtain  the  recognition 
of  certain  principles  of  international  law,  which  it  had 
long  been  their  endeavor  to  introduce ; and  to  abolish 
certain  usages  of  war,  which  were  repugnant  to  the 
enlightened  spirit  of  the  age.  For  all  these  purposes, 
as  well  as  to  form  a permanent  bond  of  union  against 
common  dangers,  to  interpret  treaties  between  the 
different  republics,  and  to  mediate  in  all  disputes,  it 
was  contemplated  to  form  a permanent  council,  to 
consist  of  representatives  from  all  the  associated 
members  of  the  union. 

As  this  design  was  thus  abortive,  we  can  only 


135 


CONGRESS  OF  NATIONS. 


331 


speculate  on  its  probable  consequences,  had  it  gone 
into  successful  operation.  Nor  are  we  able  to  judge 
of  the  precise  nature  of  the  association  which  would 
have  been  the  result;  nor  the  constitution  and  powers 
of  the  permanent  council,  whose  office  it  would  have 
been  to  forward  the  general  object  of  the  confederacy. 
In  some  respects,  their  object  was  different  from  that 
with  which  we  are  now  occupied.  The  scope  of 
their  design  was  partial,  ours  is  universal.  They  must 
have  made  arrangements  to  resist  aggression  from 
without ; we  shall  only  need  to  provide  for  the  main- 
tenance of  quiet  within.  Their  central  Congress  must, 
therefore,  have  been  clothed  with  more  extensive 
powers  than  that  whose  establishment  we  contem- 
plate ; since  it  was  intended,  not  only  to  preside  over 
the  mild  administration  of  peace,  but  over  the  violent 
and  stormy  strife  of  war. 

In  fixing  upon  the  preceding  constitution  for  the 
system  by  which  the  final  adjustment  of  national  dis- 
putes is  to  be  attempted,  all  these  establishments  now 
recapitulated,  and  some  others  of  minor  consequence, 
were  carefully  considered.  A serious  endeavor  was 
made  to  profit  by  each ; and  if  the  provisions  of  the 
sketch  herein  given  were  not  thereby  in  all  cases 
dictated,  at  least  the  suggestions  of  reason  were  thence 
powerfully  corroborated.  The  most  glaring  imper- 
fections of  these  different  institutions  were  exhibited ; 
so  that  we  were  enabled  to  avoid  them.  An  attempt 
has  been  made  to  embody  the  excellences  of  all,  so 
far  as  they  are  applicable  to  our  present  condition  and 
object.  To  show,  in  some  degree,  in  what  manner 


332 


CONGRESS  OF  NATIONS. 


136 


our  conclusions  have  thence  been  drawn,  was  the 
purpose  for  which  their  hasty  delineation  was  intro- 
duced into  the  present  Essay. 

But  there  was  another  reason  for  thus  referring  to 
them.  All  these,  and  the  like  projects,  whatever  may 
be  their  merit  or  practicability,  demonstrate  one  great 
truth.  They  show  that  measures  of  this  nature  have 
been  in  contemplation,  and  have  been  favorably 
received.  They  are  manifestations  of  the  general 
sentiment  with  regard  to  the  establishment  of  lasting 
quiet.  They  are  evidences  that  our  design  will  meet 
with  a favorable  acceptance.  If,  with  all  their  imper- 
fections, schemes  for  similar  purposes  have  been 
approved  and  adopted,  we  may  indulge  the  fullest 
confidence,  that  when  a proposition,  free  from  these 
objections,  and  promising  more  permanent  and  less 
doubtful  advantages,  shall  be  presented,  it  will  meet 
with  the  readiest  acceptance. 

It  is  in  a similar  manner  that  men  have  advanced 
in  the  formation  and  perfecting  of  civil  government. 
A disposition  to  govern  themselves  early  manifested 
itself  among  mankind  ; and  some  of  the  first  govern- 
ments formed  were  unqualified  democracies.  From 
radical  imperfections  in  their  constitutions,  these  so 
generally  terminated  disastrously,  eventuating  usually 
in  anarchy  or  despotism,  that  the  belief  became 
generally  prevalent,  that  men  were  incapable  of 
self-government.  Undismayed,  however,  by  this  form- 
idable array  of  opinion,  many  still  entertained  the  belief 
that  the  calamitous  results  of  former  experiments  were 
owing  rather  to  unskilfulness  in  the  architecture,  than 


137 


CONGRESS  OF  NATIONS. 


333 


to  any  incurable  defect  in  the  principle.  Accordingly, 
a favorable  conjuncture  presenting  itself,  a modified 
species  of  democracy  was  devised,  which,  while  it 
avoided  the  inconveniences  experienced  in  former 
trials,  was  calculated  to  satisfy  the  wishes  of  the  ad- 
vocates of  popular  rights;  and  our  own  admirable 
constitution  rose  into  being,  rebuking  the  political 
prophets,  whose  object,  in  many  instances,  was  to 
produce  the  very  disaster  they  predicted.  In  like 
manner,  confederacies  for  the  preservation  of  peace 
have  frequently  heretofore  been  so  unskilfully  con- 
trived, as  to  fail  of  accomplishing  their  object.  Their 
imperfections  have  been  gradually  manifesting  them- 
selves in  palpable  form.  They  can  be  distinguished, 
and  separated  from  the  systems  in  which  they 
have  heretofore  been  incorporated  ; which  being  thus 
improved,  all  the  advantages  ever  thence  expected, 
may  be  attained,  all  the  ill  consequences  ever 
dreaded,  avoided. 

If  it  be  asked,  how  a system  of  this  nature  is  to  be 
introduced ; we  answer,  in  the  same  manner  as  other 
national  and  general  projects  have  found  their  way 
into  the  world.  The  Holy  Alliance  was,  as  we  have 
seen,  at  first  adopted  by  three  of  the  European 
powers ; and,  objectionable  as  it  was,  other  members 
soon  joined  the  compact.  Had  its  design  accorded 
with  the  spirit  of  the  age,  not  a nation  in  Christendom 
would  have  withheld  its  concurrence. 

The  Congress  of  Panama  was  introduced  to  the  world 
under  similar  auspices ; and  had  it  not  been  for  some 
peculiar  circumstances  which  then  manifested  them- 


334 


CONGRESS  OF  NATIONS. 


138 


selves,  a confederacy  might  there  have  been  formed, 
which  would  have  been  the  nucleus  of  a great  system, 
embracing  all  the  free  nations  of  the  earth.  Let, 
then,  the  plan  we  propose  be  brought  forward,  under 
circumstances  as  favorable  as  these ; and  if  its  merits 
entitle  it  to  patronage,  it  will  soon  meet  with  general 
adoption. 

In  fact,  every  great  fundamental  change  in  civil 
government,  although  brought  forward  under  the 
sanction  of  kings  and  legislators,  must,  after  all, 
depend  for  its  eventual  success  upon  grounds  similar 
to  those  on  which  we  rely.  If  they  are  in  accordance 
with  public  sentiment,  they  succeed ; if  opposed  to 
it,  they  fail. 

The  great  change  which  took  place  in  English 
jurisprudence,  under  the  reign  of  Henry  the  second, 
by  which  the  grand  assize  superseded  the  trial  by  battle, 
was  a greater  innovation  upon  existing  establishments 
than  is  now  contemplated;  and  yet  not  even  the 
shadow  of  regal  authority  was  in  that  case  resorted 
to.  Subjects  were  left  entirely  at  their  option  which 
of  the  two  remedies  to  adopt ; and  they  almost  uni- 
versally, at  once,  chose  the  more  reasonable.  The 
same  result  might  have  been  witnessed,  had  it  been 
proposed  and  patronized  by  any  other  than  a monarch. 

But  the  circumstances  in  which  we  are  now  placed 
show,  that  such  a scheme  would  not  only  be  received, 
but  that  it  is  loudly  demanded.  The  multiplication, 
of  late,  of  institutions  similar  in  character  and  object 
to  the  contemplated  establishment,  evinces  a deter- 
mination in  mankind  to  improve  their  situation  in  this 


139 


CONGRESS  OF  NATIONS. 


335 


particular.  Suffering  causes  us  to  look  around  us 
for  a remedy ; and  the  multiplication  of  remedies,  and 
the  eagerness  with  which  they  are  sought,  determine 
the  degree  of  consciousness  of  the  evil,  and  the  wish 
to  remove  it  If  the  most  approved  and  salutary 
antidotes  for  national  miseries  can  be  collected  and 
arranged  into  a system,  it  would  require  violence  to 
prevent  them  from  being  seized  upon,  instead  of 
artificial  force  to  compel  their  adoption. 

But  a measure  of  this  kind  requires  to  be  brought 
forward  under  the  august  patronage  of  some  indepen- 
dent nation.  The  proposition  must  proceed  from  the 
sovereign  authority  in  one  country,  and  be  addressed 
to  and  accepted  by  states  and  empires  in  their  col- 
lective capacities ; and  how  shall  individual  effort 
produce  a result  of  this  nature?  We  answer.  The 
means  for  this  purpose  are  already  in  existence. 
Here,  as  well  as  in  most  other  cases  which  have  been 
already  considered,  the  undertaking  looks  formidable 
only  at  a distance.  Upon  a closer  examination,  we 
find  aU  the  materials  and  the  machinery  ready  pre- 
pared to  our  hands ; requiring  only  a slight  exertion 
to  wield  them  with  resistless  effect.  The  Peace 
Society  is  the  great  engine  by  which  these  results,  of 
such  apparent  magnitude,  are  to  be  effected. 

Whoever  has  been  the  least  observant  of  the  course 
of  events  in  modern  times,  and  especially  within  the 
last  twenty  years,  must  be  sensible  of  the  astonishing 
efficacy  of  these  voluntary  associations.  We  have 
seen  the  Colonization  Society  commence,  and  without 
any  parade,  or  seemingly  extraordinary  effort,  carry 


336 


CONGRESS  OF  NATIONS. 


140 


into  successful  operation  an  undertaking,  such  as  has 
sometimes  unsuccessfully  exerted  all  the  energies  of 
sovereign  power,  wielded  by  the  most  able  and 
efficient  hands.  Whoever  is  conversant  with  the 
colonization  of  this  continent  will  be  sensible,  in  some 
degree,  of  the  magnitude  of  the  effort  it  required  ; 
yet  the  colony  of  Liberia,  having  greater  and  more 
formidable  difficulties  to  cope  with,  has  gone  on  vigor- 
ously and  triumphantly,  under  the  sole  patronage  of  a 
seemingly  insignificant  society. 

We  have  seen  another  association  boldly  undertake 
a still  more  arduous  task ; the  overthrow  of  an  invet- 
erate custom.  All  the  power  of  one  of  the  most 
absolute  of  English  monarchs  was  at  one  time  vainly 
exerted  to  change  a national  custom,  even  with  regard 
to  the  fashion  of  a shoe ; with  such  obstinate  tenacity 
do  men  persist  in  habits  even  of  the  most  insignificant 
character,  in  which  they  have  long  indulged.  But 
here  was  the  daily  use  of  ardent  spirits  — a custom 
having  many  things  to  recommend  it  in  a social  point 
of  view — one  which  was  generally  believed  to  be 
not  only  useful,  but  necessary  for  a large  class  of  the 
community — one,  too,  which  had  been  persevered  in, 
until  it  had  produced  a most  loathsome  moral  disease, 
a cancer,  which  had  fastened  itself  upon  the  very 
vitals  of  the  body  politic ; yet  this  custom,  with  all 
its  concomitants,  thus  inveterate,  thus  formidable  and 
appalling,  has  been  boldly  encountered  by  a society 
of  private  individuals.  And  victory  is  fast  crowning 
their  efforts.  Already  do  we  begin  to  hail  the  coming 
emancipation  of  our  own  country.  The  badges  of 


141  CONGRESS  OF  NATIONS.  337 

thraldom  are  falling  from  the  neck  of  the  slave,  and 
he  breathes  the  air  of  moral  freedom.  The  regener- 
ating spirit  has  extended  to  other  climes.  A world 
feels  its  redeeming  influence ; a world  owns  its 
invigorating  presence,  and  triumphs  in  its  happy 
results.  Where  is  all  the  force  which  has  produced 
such  wonderful  effects  1 No  kingly  authority,  no 
governmental  coercion — these  would  have  been  im- 
potent;— but  the  organized,  united  action  of  private 
citizens  composing  a temperance  society. 

The  Bible,  Missionary  and  Tract  Societies,  and 
many  other  like  institutions,  might  also  be  instanced, 
if  their  results  would  have  been  much  more  than  a 
seeming  repetition  of  the  energetic  effects  witnessed 
in  the  above  examples.  But  there  is  one  other  asso- 
ciation which  deserves  some  notice ; and  this  is  the 
Peace  Society  itself.  Already  has  it  produced  a 
powerful  impression  upon  the  public  sentiment. 
Already  has  the  attention  of  men  of  the  highest  powers 
of  reflection  and  intelligence  been  thereby  elicited  to 
the  subject,  and  always  to  the  advantage  of  our 
cause.  Already  are  some  of  the  noblest  names  of 
modem  times  enrolled  as  the  friends  of  the  system 
we  wish  to  establish.  Already  do  we  find  our  cause 
espoused  by  periodicals  and  public  prints  of  the  high- 
est respectability,  and  bearing  the  impress  of  the  first 
order  of  talent.  Let  the  work  go  on.  Let  the  prin- 
ciples of  the  Society  be  more  widely  disseminated, 
and  more  generally  understood.  Let  talent,  and 
philanthropy,  and  religion,  be  enlisted  in  our  cause. 
Let  the  current  of  popular  feeling  be  brought  by  degrees 


43 


338 


CONGRESS  OF  NATIONS. 


142 


to  set  in  our  favor,  and  what  else  will  be  wanting? 
Whenever  public  opinion  is  in  favor  of  the  measure 
we  wish  to  introduce,  it  will  not  only  be  the  duty  but 
the  interest  of  those  who  wield  the  powers  of  gov- 
ernment, to  exert  themselves  in  its  favor.  They  will 
then  come  forward  as  its  patrons,  and  recommend  its 
introduction  to  the  public  authorities  of  other  coun- 
tries. The  influence  of  the  Society  having  produced 
its  effect  there  likewise,  the  same  reasons  which 
induced  our  government  to  recommend,  will  cause 
them  to  accept  the  proposition.  All  the  American 
governments,  together  with  England,  and  France,  and 
probably  all  the  weaker  of  the  European  powers,  will 
be  induced  naturally,  and  without  much  difficulty,  to 
become  members  of  the  compact,  and  thus  the  system 
will  be  begun.  By  its  practical  operation,  it  will  rec- 
ommend itself  to  the  adoption  of  other  nations ; and 
thus  it  will,  by  degrees,  extend  and  embrace  the 
world. 

An  expectation  of  this  nature  is  certainly  not 
extravagant.  The  cause  is  not  disproportioned  to  the 
effect.  It  is  not  here,  as  in  the  case  of  many  of  the 
other  societies  above  referred  to,  where  an  entire  new 
object  was  to  be  commenced  and  accomplished.  We 
act  merely  in  concurrence  with  the  natural  operation 
of  events.  We  have  not  to  propel,  but  merely  to 
assist.  We  have  not  to  originate  an  entire  system, 
but  only  to  accelerate  its  natural  formation  and  pro- 
gress ; and  our  means  are  commensurate  with  the 
end  we  seek. 

There  are  other  means  by  which  our  efforts,  as 


143 


CONGRESS  OF  NATIONS. 


339 


individuals,  can  promote  the  great  public  object  we 
have  in  view.  We  not  only  seek  for  the  introduction 
of  a pacific  system,  but  we  wish  to  render  it  effectual 
and  permanent.  As  its  adoption  will  not  be  the 
result  of  any  single  effort,  but  produced  by  the  long 
continued  operation  of  natural  causes,  bringing  the 
public  feeling  to  the  proper  state  of  preparation  ; so  its 
continuance  is  not  to  be  hoped  from  any  compact, 
however  sincerely  made,  or  however  solemnly  ratified. 
The  efficient  causes  of  wars  must  be  removed,  if  we 
would  prevent  their  recurrence.  These  have  been, 
to  a considerable  extent,  considered  in  a previous  part 
of  this  Essay.  The  various  measures  there  referred 
to,  as  calculated  to  cause  the  introduction  of  the 
system  of  peace,  will  also  tend,  in  an  equal  degree,  to 
secure  its  stability.  On  both  these  accounts,  they 
should  receive  our  warmest  support ; and,  as  a 
society,  we  can  do  much.  Especially  would  our 
exertions  be  usefully  employed  in  suppressing,  as 
much  as  possible,  the  warlike  tastes  and  customs 
which  are  still  in  existence,  by  introducing,  as  far  as 
practicable,  a change  in  the  course  of  public  instruc- 
tion, so  that  the  ideas  imbibed  in  earliest  youth  should 
not  be  replete  with  admiration  of  martial  renown. 
Perhaps  in  no  single  particular  would  the  efforts  of 
the  philanthropist  be  more  beneficially  exerted. 

But  there  are  many  methods  by  which  we  can 
exert  a collateral  influence,  scarcely  less  cogent  than 
the  most  direct  efforts.  I shall  mention  only  two,  and 
those  which  seem  of  highest  importance.  One  of 
these  is  the  abolition  of  sanguinary  punishments ; 


340 


CONGRESS  OF  NATIONS. 


144 


the  taking  of  human  life  by  public  authority.  I am 
glad  the  friends  of  humanity  are  beginning  to  make 
this  one  of  the  leading  objects  of  their  exertions.  It 
seems  to  me  to  be  intimately  associated  with  the 
abolition  of  war.  The  doctrine,  that  the  life  of  man 
is  inviolable,  that  even  governments  have  no  moral 
right  to  take  it  away,  unless  in  cases  of  extreme 
necessity  ; that,  before  they  assent  to  that  necessity,  it 
is  incumbent  upon  them  to  use  every  reasonable  effort 
to  dispense  with  a custom  so  abhorrent  to  nature  and 
humanity,  is  directly  calculated  to  produce  a power- 
ful feeling  of  opposition  to  legalized  murder,  in  what- 
ever shape.  And  when  we  have  produced  the  belief, 
that  such  sanguinary  measures  are  not  called  for,  to 
preserve  obedience  to  municipal  regulations,  how 
natural  is  the  conviction,  that  neither  do  national 
affairs  require  a laceration  of  all  the  moral  and  gener- 
ous feelings  of  the  human  heart ! 

And,  besides,  when  such  scenes  of  barbarism  cease 
to  be  presented  to  the  eye  or  the  imagination;  when 
the  deliberate  destruction  of  human  life  by  legal 
authority  shall  be  unknown,  except  in  the  history  of 
more  savage  times  ; when  the  very  possibility  of  such 
an  event  ceases  to  be  a matter  of  consciousness ; and 
when  in  civil  life  men  have  become  familiar  with  the 
suppression  of  every  offence  without  a resort  to  this 
system  of  blood  ; will  they  not  the  more  quietly 
acquiesce  in  regulations  by  which  the  affairs  of  nations 
are  adjusted  upon  similar  principles? 

Another  object,  for  which  it  behoves  the  friends  of 
peace  to  exert  themselves,  is  the  removal  of  individual 


145 


CONGRESS  OF  NATIONS. 


341 


and  national  restraints.  To  render  effectual  a pacific 
institution,  like  that  we  now  seek  to  establish,  it  is  not 
only  necessary  to  effect  its  introduction,  but  also  to 
secure  its  perpetuity.  Illiberal  international  regulations 
always  create  a feeling  of  hostility,  which,  when 
matured,  results  in  bloodshed.  One  of  the  most 
celebrated  of  modem  English  statesmen*  has  re- 
marked, that  most  of  the  wars  which,  within  the  last 
two  centuries,  have  drained  England  of  her  best  blood, 
and  brought  her  to  the  very  verge  of  national  bank- 
ruptcy, have  resulted  from  her  exclusive  laws  with 
regard  to  commerce.  Even  in  those  cases  where  by 
common  consent  one  nation  has  a right  to  restrain  the 
privileges  of  others,  its  exercise  creates  an  unfriendly 
feeling,  whose  final  result  has  not  unfrequently  been 
an  obstinate  and  exasperated  war.  Let,  then,  the 
doors  of  international  commerce  be  opened  widely  as 
possible ; let  the  citizens  of  all  countries  be  permitted 
to  mingle  in  freedom  and  friendship;  let  them,  as 
nearly  as  practicable,  be  treated  upon  a footing  of 
perfect  equality ; let  the  laws  of  each  nation  be 
regarded  merely  as  the  common  guardians  of  justice 
to  all  within  thek  jurisdiction,  not  as  patents  of 
monopoly,  securing  advantages  to  their  own  immediate 
citizens,  to  the  exclusion  of  all  the  rest  of  mankind ; 
and  then  shall  national  and  hereditary  animosities 
cease  to  exist.  Then  shall  all  the  inhabitants  of  the 
earth  regard  themselves  as  one  common  people ; the 
sword  shall  be  turned  into  the  ploughshare,  and  there 
shall  be  wars  no  more. 


* Mr.  Huskisson. 


342 


CONGRESS  OF  NATIONS. 


146 


The  course  originally  contemplated  in  this  Essay  is 
now  completed.  We  have  taken  a view  of  some  of 
the  institutions  among  mankind,  both  past  and  present, 
which  were  most  relevant  to  the  object  before  us. 
We  have  labored  to  show  their  connection  there- 
with, to  extract  from  the  whole  the  elements  of  a 
system  required  by  the  most  evident  interests  of 
humanity,  and  to  point  out  the  means  by  which  its 
introduction  was  to  be  effected.  We  believe  it  to  be 
practicable ; we  believe  that  some  institution  of  this 
nature  will,  at  no  distant  day,  find  an  introduction 
among  nations ; and  the  holy  feeling  of  exultation 
kindles  at  the  very  idea.  We  stand  between  the 
future  and  the  past ; the  one  all  radiant  with  Elysian 
smiles,  the  other  all  odious  with  savage  deformity. 
On  the  one  side,  we  behold  the  Genius  of  Peace  with 
her  attendants,  liberty  and  justice,  wielding  her 
sceptre  over  the  arts  and  sciences,  securing  by  her 
patronage  the  prosperity  of  nations,  the  welfare  of 
individuals,  and  crowning  the  earth  with  blessings. 
On  the  other  side,  sits  the  Demon  of  War  upon  his 
throne  of  death,  goring  his  jaws  with  slaughter,  and 
draining  his  goblet  of  the  tears  of  human  wretched- 
ness, while  a fiendiike  exultation  is  lighted  up  by  the 
glare  of  a hundred  conflagrations. 

Monster ! thy  days  are  numbered ! Thou  shalt  not 
for  ever  devour  the  choicest  of  the  gifts  of  Heaven. 
The  flesh  of  human  victims,  offered  by  kindred  hands, 
shall  not  hereafter  be  piled  upon  thy  altars,  in  a vain 
effort  to  glut  thy  insatiable  voracity,  or  appease  thy 
relentless  rage.  Thine  eyes  shall  not  always  be 


147 


CONGRESS  OF  NATIONS. 


343 


greeted  with  the  sight  of  havoc  and  wretchedness, 
nor  thine  ears  saluted  with  the  welcome  cries  of 
expiring  innocence,  as,  houseless  and  starving,  it  flies 
from  thy  terrific  approach ! 

Death  shall  hereafter  work  alone  and  single-handed, 
unaided  by  his  most  terrible  auxiliary.  The  w^orld 
shall  repose  in  quiet.  Far  down  the  vista  of  futurity 
the  tribes  of  human  kind  are  seen  mingling  in  frater- 
nal harmony,  wondering  and  shuddering  as  they  read 
of  former  brutality,  and  exulting  at  their  own  more  for- 
tunate lot.  They  turn  their  grateful  eyes  upon  us.  Their 
countenances  are  not  suffused  with  tears,  nor  streaked 
with  kindred  blood.  We  hear  thek  voices  ; they  are 
not  swelling  with  tones  of  general  wailing  and  despair. 
We  look  at  their  smiling  fields,  undevastated  by  the 
hand  of  rapine;  they  are  waving  with  yellow  har- 
vests, or  loaded  with  golden  fruits  ; and  their  sunny 
pastures  are  filled  with  quiet  herds,  which  have  never 
known  the  wanton  ravage  of  war.  We  turn  to  the 
peaceful  homes  where  our  infancy  has  been  cradled  ; 
they  stand  undespoiled  by  the  hand  of  the  destroyer. 
The  scenes  where  we  indulged  our  childish  sports 
have  never  been  profaned  by  hostile  feet ; and  the 
tall  groves,  where  we  performed  our  feats  of  school- 
boy dexterity,  have  never  been  desecrated  to  obtain 
the  implements  of  human  destruction.  Then  our 
thoughts  extend  and  embrace  the  land  of  our  birth, 
the  institutions  and  laws  we  so  much  venerate,  and 
something  whispers  us  they  shall  endure  for  ever; 
that  all  time  shall  witness  their  increasing  perfection ; 
that  all  nations  shall  copy  from  its  example,  and 


344 


CONGRESS  OF  NATIONS. 


148 


derive  interminable  benefits  from  its  influence ; for 
war,  the  destroyer  of  every  valuable  institution,  the 
great  and  sole  cause  of  all  national  ruin,  is  soon  to 
be  seen  no  more  for  ever.  And  we  say  to  ourselves, 
if  we  can  assist  in  producing  such  an  event,  it  will 
more  than  repay  the  unwearied  efforts  of  a lifetime. 
Let  all  be  animated  by  the  same  spirit,  and  the  object 
which  thus  excites  our  enthusiasm  will  be  no  dream 
of  the  imagination  ! 


ESSAY 

ON  A 

CONGRESS  OF  NATIONS, 


FOR  THE  ADJUSTMENT  OF  INTERNATIONAL  DISPUTES,  AND  FOR  THE 
PROMOTION  OF  UNIVERSAL  PEACE,  WITHOUT 
RESORT  TO  ARMS. 


By  THOMAS  C.  UPHAM, 

PROFESSOR  OF  MENTAL  AND  MORAL  PHILOSOPHY  IN  BOWDOIN  COLLEGE. 


•14 


[i’.t  ,(j, : I 


/ 


J 


ESSAY. 


CHAPTER  I. 

HISTORICAL  NOTICES. 

The  proposition  has  been  made  by  the  friends  of 
peace,  that  there  should  be  a Congress  of  Nations, 
composed  of  delegates  from  all  civihzed  states,  and 
assembled  for  the  purpose  of  promoting  the  great 
objects  of  national  intercourse  and  peace.  This 
proposition  has  met  with  considerable  favor  in  the 
United  States ; and  there  can  be  no  question,  that  it 
is  richly  deserving  of  a careful  and  candid  considera- 
tion. We  propose,  as  briefly  as  possible,  to  give  our 
views  on  this  interesting  topic. 

The  idea  of  an  international  Congress  is  not  alto- 
gether new.  Henry  IV,  of  France,  conceived  the 
project  of  forming  a closer  union  of  the  European 
states,  by  means  of  such  a body,  which  should  have 
the  authority  to  decide  and  settle  aU  disputes  arising 
among  the  members  of  it.  At  a later  period,  a French 
writer,  by  the  name  of  Saint  Pierre,  renewed  the 
topic.  “He  was  for  ever,”  says  Voltaire,  who  prob- 


348 


CONGRESS  OF  NATIONS. 


4 


ably  had  but  little  sympathy  with  such  a proposition, 
“insisting  on  the  project  of  a perpetual  peace,  and  of 
a sort  of  parliament  of  Europe,  which  he  called  the 
European  Diet.”  Although  no  permanent  body  of 
this  kind  has  ever  been  formed,  still  it  is  worthy  of 
notice,  that  the  nations  of  Europe  have  frequently 
assembled  together  by  means  of  their  diplomatic 
agents,  under  such  circumstances  as  to  give  to  these 
assemblies  the  appearance  and  the  name  of  con- 
gresses. The  history  of  European  congresses  appears 
to  begin  with  the  diplomatic  assemblies,  held  at  the 
two  towns  of  Munster  and  Osnabruck ; but  which, 
by  the  agreement  of  the  parties  concerned,  formed 
but  one  congress.  This  Congress  was  first  opened 
in  December,  1644,  and  resulted  in  the  treaty  of 
Westphalia.  From  this  period  till  1713,  there  were 
no  less  than  ten  public  conferences  or  congresses, 
held  in  different  parts  of  Europe ; the  Congress  of 
the  Pyrenees,  the  Congress  of  Breda,  which  termina- 
ted the  war  between  Great  Britain  on  the  one  side, 
and  the  Netherlands,  France,  and  Denmark  on  the 
other;  the  successive  congresses  of  later  periods  at 
Aix-la-Chapelle,  at  Nimeguen,  at  Frankfort,  at  Rys- 
wick,  at  Oliva,  at  Radzyn,  Altona,  and  CarloAvitz. 

The  assemblies  of  this  kind  subsequently  held, 
between  the  years  of  1713  and  1814,  were  twenty- 
two  in  number;  the  objects  and  results  of  some  of 
which  are  noticed  as  follows  in  the  concise  account, 
drawn  up  in  the  Encyclopaedia  Americana : 

“ 1.  The  war  of  the  Spanish  succession  was  ended 
by  the  Congress  at  Utrecht,  to  which  France,  England, 


5 


CONGRESS  OF  NATIONS. 


349 


the  States  General,  Savoy,  the  emperor,  Portugal,  Prus- 
sia, the  pope,  Venice,  Genoa,  the  electorates  of  Mentz, 
Cologne,  Treves,  the  Palatinate,  Saxony,  and  Bavaria, 
together  with  Hanover  and  Lorraine,  sent  their  pleni- 
potentiaries in  January,  1712,  after  France  and  Great 
Britain,  in  the  preliminaries,  settled  October  8,  1711, 
had  drawn  the  outlines  of  the  peace,  and  had  thus 
already  decided,  to  a certain  degree,  the  new  relations 
which  were  to  exist  between  the  states.  At  Utrecht, 
also,  French  diplomacy  succeeded  in  breaking  the 
union  of  the  powers  interested,  by  a regulation  that 
each  of  the  allies  should  give  in  his  demands  sepa- 
rately. The  dissensions  between  them  increased 
when  they  saw  that  the  negotiations  of  Great  Britain 
were,  for  the  most  part,  carried  on  in  secret,  and 
immediately  with  the  court  of  Versailles.  The  result 
was  eight  separate  treaties  of  peace,  which  France, 
Spain,  England,  Holland,  Savoy  and  Portugal  made 
with  each  other,  between  1713  and  1715,  leaving 
Austria  and  the  empire  to  themselves.  (See  Utrecht, 
Peace  of.)  Since  that  time,  the  British,  from  their 
naval  and  commercial  power,  have  taken  the  lead 
among  the  principal  states,  and  the  interest  of  England 
has  determined  the  fate  of  the  European  system  of  a 
balance  of  poioer,  as  it  is  called.  2.  The  Congress  of 
Baden,  in  June,  1714,  was  a mere  act  of  form  to 
change  the  peace  concluded  at  Rastadt,  by  Eugene 
and  Villars,  in  the  name  of  the  emperor  and  of 
France,  and  which  rested  upon  the  peace  of  Utrecht, 
into  a peace  of  the  empire,  drawn  up  in  Latin. 
3.  The  Congress  at  Antwerp  was  also  a consequence 


350 


CONGRESS  OF  NATIONS. 


6 


of  the  peace  of  Utrecht.  England  there  mediated 
between  the  emperor  of  Germany  and  the  States 
General,  and  concluded  the  barrier  treaty  of  November 
15,  1715.  4.  The  Congress  at  Cambray,  in  1722, 

was  held  to  settle  the  disputes  between  the  emperor, 
Spain,  Savoy  and  Parma,  with  regard  to  the  execution 
of  the  peace  of  Utrecht  and  the  conditions  of  the 
quadruple  alliance,  England  and  France  being  media- 
tors. But  Philip  V,  of  Spain,  offended  by  the  rejec- 
tion of  his  daughter,  who  had  been  betrothed  to 
Louis  XV  (in  April,  1725),  recalled  his  minister  from 
Cambray,  and  concluded  a peace  with  Austria,  at 
Vienna,  April  20, 1725,  in  which  he  became  guarantee 
for  the  pragmatic  sanction.  The  defensive  alliance, 
soon  after  concluded  between  Austria  and  Spain,  was 
followed  by  a counter-alliance  between  England, 
France,  the  United  Provinces,  Denmark,  Sweden, 
Hesse-Cassel  and  Wolfenbuttel,  formed  at  Herrn- 
hausen.  On  the  other  hand,  Russia,  Prussia,  and 
some  German  states,  joined  the  alliance  of  Vienna. 
A general  war  appeared  to  be  approaching,  when 
Austria,  by  the  temporary  suspension  of  the  company 
of  Ostend,  and  Spain,  by  the  treaty  with  England  at 
the  Pardo,  opened  the  way  for  a reconciliation. 
5.  The  Congress  at  Soissons,  in  June,  1728,  was  con- 
vened to  effect  a similar  settlement  between  Austria, 
France,  England  and  Spain ; but  the  French  minister, 
cardinal  Fleury,  succeeded  in  dividing  Spain  and 
Austria ; and  France,  Spain  and  England  formed  a 
treaty  of  amity  and  mutual  defence,  at  Seville,  in  1 729 
(to  which  Holland  acceded),  in  order  to  give  law  to 


7 


CONGRESS  OF  NATIONS. 


351 


Austria.  The  Congress  at  Soissons  was  thus  dis- 
solved, and  injured  Austria  took  up  arms.  But  the 
guarantee  of  the  pragmatic  sanction,  which  England 
and  Holland  undertook,  induced  the  emperor,  Charles 
VI,  in  1731,  to  accept  the  conditions  of  the  treaty  of 
Seville.  6.  The  Congress  at  Aix-la-Chapelle,  in  April, 
1748,  in  which  France,  Austria,  England,  Spain,  Sar- 
dinia, Holland,  Modena  and  Genoa  took  part,  termi- 
nated the  war  of  the  Austrian  succession  by  the  peace 
of  Aix-la-Chapelle,  October  18, 1748.  7.  The  seven 

years’  war  between  England  and  France  was  ended 
without  a congress ; but  Austria,  Saxony  and  Prussia 
concluded  a peace  at  the  Congress  of  Hubertsburg, 
February  15,  1763,  the  session  having  lasted  from 
December,  1762.  8.  The  Congress  at  Teschen,  in 

March,  1779,  decided  the  dispute  with  regard  to  the 
Bavarian  succession,  by  the  mediation  of  France  and 
Russia,  between  the  contending  powers,  Austria  and 
Prussia.  The  elector  palatine,  the  elector  of  Saxony, 
and  the  duke  of  Deux-Ponts,  sent  their  ministers,  but 
not  the  elector  of  Bavaria,  whose  hereditary  succes- 
sion was  the  subject  of  negotiation.  9.  Russia  and 
Austria  offered  their  mediation  to  France  and  England 
in  the  war  of  the  American  Revolution.  Vienna  was 
proposed  for  the  place  of  meeting ; but  France  refused 
the  mediation ; and  when  the  Russian  and  Austrian 
ministers  wished  to  take  part,  as  mediators,  m the 
Congress  opened  at  Paris,  in  October,  1782,  by  the 
ministers  of  France,  Spain,  England,  Holland  and  the 
United  States,  the  preliminaries  of  peace  were  settled 
without  their  knowledge,  November  30,  1782,  and 


352 


CONGRESS  OF  NATIONS. 


8 


January  20,  1783,  also  the  definitive  treaty  of  Ver- 
sailles and  of  Paris,  September  3,  1 783,  and  that  with 
Plolland,  May  20, 1 784.  1 0.  The  disputes  of  Joseph  II 

with  the  republic  of  Holland,  relating  to  the  opening 
of  the  Scheldt,  and  other  subjects,  in  1784,  induced 
F ranee  to  offer  its  mediation ; and  a congress  was 
opened  at  Versailles,  December  8,  of  the  same  year, 
by  the  French  minister,  count  Vergennes,  and  the 
imperial  and  Dutch  ministers.  It  ended  with  the 
treaty  of  Fontainebleau,  November  8,  1785,  by  which 
the  barrier  treaty  of  1715,  and  the  treaty  of  Vienna, 
in  1731,  were  annulled,  the  boundaries  of  Flanders 
restored  as  they  were  in  1664,  several  strips  of  land 
yielded  up  to  the  emperor,  and,  as  a compensation  for 
his  claims,  a sum  of  10,000,000  fforins,  of  which  France 
contributed  4,500,000,  to  prevent  the  congress  from 
being  dissolved.  On  the  other  hand,  the  Scheldt 
remained  closed,  and  the  emperor  gave  up  the  rest 
of  his  claims.” 

It  is  unnecessary  to  extend  this  enumeration.  It 
is  sutficient  to  say,  that  congresses,  embracing  a 
greater  or  less  number  of  the  states  of  Europe,  have 
been  repeated  at  short  intervals  from  the  last  men- 
tioned period,  down  to  the  present  time.  Wars  have 
been  terminated  by  them  ; conflicting  jurisdictions 
have  been  settled ; boundaries  have  been  ascertained ; 
commercial  conventions  have  been  formed ; and  in 
various  ways  the  interests  of  friendly  intercourse  and 
of  peace  have  been  promoted.  About  the  year  1825, 
a proposition  was  made  by  the  then  republic  of 
Colombia  to  the  other  republics  of  North  and  South 


9 CONGRESS  OF  NATIONS.  353 

America,  to  unite  in  the  formation  of  an  international 
Congress  to  be  assembled  at  Panama.  The  proposi- 
tion excited  much  interest,  both  from  its  novel  char- 
acter and  in  view  of  the  important  results  which  it 
might  by  possibility  lead  to.  It  was  accepted  by  the 
government  of  the  United  States ; but,  owing  to  the 
disturbed  and  revolutionary  condition  of  the  South 
American  republics,  the  assembly  met  but  once,  and 
then  only  for  a short  time ; and  the  hopes,  which  it 
naturally  excited,  failed  to  be  realized.  During  the 
discussion  of  this  subject  in  the  Congress  of  the 
United  States,  a communication  was  made,  on  March 
15,  1826,  to  the  House  of  Representatives  by  Presi- 
dent Adams,  in  which  the  following  passages  are 
particularly  worthy  of  being  introduced  here : 

“It  will  be  within  the  recollection  of  the  House, 
that  immediately  after  the  close  of  the  war  of  our 
independence,  a measure,  closely  analogous  to  this 
Congress  of  Panama,  was  adopted  by  the  Congress 
of  our  Confederation,  and  for  purposes  of  precisely 
the  same  character.  Three  commissioners,  with  pleni- 
potentiary powers,  were  appointed  to  negotiate  treaties 
of  amity,  navigation,  and  commerce,  with  all  the  prin- 
cipal powers  of  Europe.  They  met,  and  resided  for 
that  purpose  about  one  year  at  Paris ; and  the  only 
result  of  their  negotiations,  at  that  time,  was  the  first 
treaty  between  the  United  States  and  Prussia — 
memorable  in  the  diplomatic  annals  of  the  world,  and 
precious  as  a monument  of  the  principles,  in  relation 
to  commerce  and  maritime  warfare,  with  which  our 
country  entered  upon  her  career  as  a member  of  the 


45 


354 


CONGRESS  OF  NATIONS. 


10 


great  family  of  independent  nations.  This  treaty, 
prepared  in  conformity  with  the  instructions  of  the 
American  plenipotentiaries,  consecrated  three  funda- 
mental principles  of  the  foreign  intercourse  which  the 
congress  of  that  period  were  desirous  of  establishing. 
First,  equal  reciprocity,  and  the  mutual  stipulation  of 
the  privileges  of  the  most  favored  nation  in  the  com- 
mercial exchanges  of  peace ; secondly,  the  abolition 
of  private  war  upon  the  ocean ; and,  thirdly,  restric- 
tions favorable  to  neutral  commerce  upon  belligerent 
practices,  with  regard  to  contraband  of  war  and 
blockades.  A painful,  it  may  be  said,  a calamitous 
experience  of  more  than  forty  years,  has  demonstrated 
the  deep  importance  of  these  same  principles,  to  the 
peace  and  prosperity  of  this  nation,  and  to  the  welfare 
of  all  maritime  states,  and  has  illustrated  the  profound 
wisdom  with  which  they  were  assumed  as  cardinal 
points  of  the  policy  of  the  Union. 

“At  that  time,  in  the  infancy  of  their  political 
existence,  under  the  influence  of  those  principles  of 
liberty  and  of  right,  so  congenial  to  the  cause  in 
which  they  had  just  fought  and  triumphed,  they  were 
able  but  to  obtain  the  sanction  of  one  great  and 
philosophical,  though  absolute,  sovereign,  in  Europe, 
to  their  liberal  and  enlightened  principles.  They 
could  obtain  no  more.  Since  then,  a political  hurri- 
cane has  gone  over  three-fourths  of  the  civilized 
portions  of  the  earth,  the  desolation  of  which,  it  may 
with  confidence  be  expected,  is  passing  away,  leaving 
at  least,  the  American  atmosphere  purified  and  re- 
freshed. And  now,  at  this  propitious  moment,  the 


11 


CONGRESS  OF  NATIONS. 


355 


new-born  nations  of  this  hemisphere,  assembling  by 
their  representatives  at  the  isthmus  between  its  two 
continents,  to  settle  the  principles  of  their  future  inter- 
national intercourse  with  other  nations  and  with  us, 
ask,  in  this  great  exigency,  for  our  advice  upon  those 
very  fundamental  maxims,  which  we  from  our  cradle, 
at  first  proclaimed,  and  partially  succeeded  to  intro- 
duce into  the  code  of  national  law. 

“ Without  recurring  to  that  total  prostration  of  all 
neutral  and  commercial  rights  which  marked  the  pro- 
gress of  the  late  European  wars,  and  wEich  finally 
involved  the  United  States  in  them,  and  adverting 
only  to  our  political  relation  with  these  American 
nations,  it  is  observable,  that,  while  in  all  other  respects 
those  relations  have  been  uniformly,  and,  without 
exception,  of  the  most  friendly  and  mutually  satisfac- 
tory character ; the  only  causes  of  difference  and  dis- 
sension between  us  and  them  which  ever  have  arisen, 
originated  in  those  neverfailing  fountains  of  discord 
and  irritation,  discriminations  of  commercial  favor  to 
other  nations,  licentious  privateers,  and  paper  block- 
ades. I cannot,  without  doing  injustice  to  the 
republics  of  Buenos  Ayres  and  Colombia,  forbear 
to  acknowledge  the  candid  and  conciliatory  spirit  with 
which  they  have  repeatedly  yielded  to  our  friendly 
representations  and  remonstrances  on  these  subjects ; 
in  repealing  discriminative  laws  which  operated  to  our 
disadvantage,  and  in  revoking  the  commissions  of 
their  privateers : to  which  Colombia  has  added  the 
magnanimity  of  making  reparation  for  unlawful  cap- 
tures by  some  of  her  cruisers,  and  of  assenting,  in 


356 


CONGRESS  OF  NATIONS. 


12 


the  midst  of  war,  to  treaty  stipulations  favorable  to 
neutral  navigation.  But  the  recurrence  of  these 
occasions  of  complaint  has  rendered  the  renewal  of 
the  discussions  which  result  in  the  removal  of  them, 
necessary ; while,  in  the  mean  time,  injuries  are  sus- 
tained by  merchants  and  other  individuals  of  the 
United  States,  which  cannot  be  repaired,  and  the 
remedy  lingers  in  overtaking  the  pernicious  operation 
of  the  mischief.  The  settlement  of  general  principles, 
pervading,  with  equal  efficacy,  all  the  American  states, 
can  alone  put  an  end  to  these  evils,  and  can  alone  be 
accomplished  at  the  proposed  assembly. 

“ If  it  be  true,  that  the  noblest  treaty  of  peace  ever 
mentioned  in  history  is  that  by  which  the  Carthagin- 
ians were  bound  to  abolish  the  practice  of  sacrificing 
their  own  children,  because  it  was  stipulated  in  favor 
of  human  nature,  I cannot  exaggerate  to  myself  the 
unfading  glory  with  which  these  United  States  will 
go  forth  in  the  memory  of  future  ages,  if,  by  their 
friendly  counsel,  by  their  moral  influence,  by  the 
power  of  argument  and  persuasion  alone,  they  can 
prevail  upon  the  American  nations  at  Panama,  to 
stipulate,  by  general  agreement  among  themselves, 
and  so  far  as  any  of  them  may  be  concerned,  the 
perpetual  abolition  of  private  war  upon  the  ocean. 
And,  if  we  cannot  yet  flatter  ourselves  that  this  may 
be  accomplished,  as  advances  towards  it,  the  estab- 
lishment of  the  principle  that  the  friendly  flag  shall 
cover  the  cargo,  the  curtailment  of  contraband  of  war, 
and  the  proscription  of  fictitious  paper  blockades, 
engagements  which  we  may  reasonably  hope  will  not 


13 


CONGRESS  OF  NATIONS. 


357 


prove  impracticable,  will,  if  successfully  inculcated, 
redound  proportionally  to  our  honor,  and  drain  the 
fountain  of  many  a future  sanguinary  war.”  * 

The  international  bodies  which  have  hitherto 
existed  under  the  denomination  of  congresses,  have 
differed,  in  some  important  respects,  from  that  pros- 
pective assembly,  to  which  the  attention  of  the  friends 
of  peace  has  been  called.  In  the  first  place,  they 
have  not  been  of  a permanent  character ; they  have 
been  called  into  existence  in  connection  with  particu- 
lar emergences ; and  have  terminated,  as  soon  as  the 
circumstances,  w^hich  called  them  into  being,  would 
permit.  Again,  being  created  for  particular  occasions, 
they  have  generally  been  limited  to  a few  nations, 
those  which  were  particularly  interested,  and  have  not 
embraced  the  great  body  of  European  and  civilized 
states.  Their  influence,  accordingly,  has  been  more 
limited,  than  it  would  otherwise  be.  Furthermore, 
they  have  been,  in  their  design  and  in  their  operations, 
remedial  rather  than  preventive.  They  have  been 
summoned  together,  in  order  to  heal  the  wounds 
which  have  been  inflicted,  to  shut  the  fountains  of 
wretchedness  which  war  has  opened ; rather  than  by 
antecedent  measures  to  prevent  wars  taking  place. 
The  Congress,  which  the  friends  of  peace  contemplate, 
differs  essentially ; it  is  meant  to  include  every  civil- 
ized nation ; it  is  designed  to  be  a permanent  assem- 
bly, in  order  to  meet  the  cases  of  misunderstanding 
and  difficulty  which  are  constantly  arising.  At  the 


* American  State  Papers,  1825-26. 


358 


CONGRESS  OF  NATIONS. 


14 


same  time,  it  is  not  intended  to  be  legislative,  but 
purely  diplomatic  and  consultative;  a sort  of  high 
court  of  reference  and  advice,  employed  in  forming 
treaties  and  conventions,  in  adjusting,  on  the  principles 
of  equity,  those  conflicting  claims  of  its  members 
which  they  may  see  fit  to  refer  to  it ; and  in  settling 
the  doubtful  principles  of  the  public  code.  And  in 
all  these  measures,  its  great  object,  that  for  which  it 
is  primarily  and  particularly  proposed,  is  the  preser- 
vation of  universal  peace.  The  mere  suggestion  of 
the  existence  of  such  an  assembly  is  enough  to 
excite  interest;  that  it  is  one  of  the  things  within 
the  range  of  possibility,  cannot  be  doubted ; and  the 
mere  possibility,  not  to  say,  probability,  of  its  being 
called  into  existence,  cannot  fail  to  call  forth  thought, 
discussion  and  effort. 


15 


CONGRESS  OF  NATIONS. 


359 


CHAPTER  II. 

OBJECTS  OF  ATTENTION. 

It  is  undoubtedly  the  case  with  some  persons,  that 
they  do  not  clearly  perceive  what  objects  would  occupy 
the  attention  of  a Congress  of  Nations.  And  in  order 
to  make  them  understand  the  importance  of  such  an 
assembly,  it  is  necessary  to  indicate  distinctly  some 
of  the  topics,  to  which  its  deliberations  would  be 
likely  to  be  called.  The  idea  of  a large  permanent 
assembly,  supported  at  the  public  expense,  with  no 
great  objects  before  them  requiring  their  attention, 
would  meet  with  but  little  favor.  It  will  be  the  object 
of  this  chapter  briefly  to  refer  to  some  of  those  sub- 
jects, or  heads  of  subjects,  which,  it  is  reasonable  to 
suppose,  would,  from  time  to  time,  receive  notice ; 
premising,  however,  that  we  do  not  undertake  to  give 
a complete  enumeration.  Other  subjects,  connected 
with  some  peculiar  and  unforeseen  state  of  things, 
would  occasionally  solicit  attention. 

1.  Inalienable  rights.  — There  are  some  rights, 
which  belong  to  man  as  man ; they  are  inseparable 
from  his  nature ; they  cling  to  him  under  all  changes 
of  situation,  and  amid  all  the  diversities  of  political 
regulation.  Such  as  the  right  to  personal  safety,  the 
right  to  improve  and  perfect  the  powers  our  Creator 
has  given  us,  the  right  to  equal  and  impartial  justice. 


360 


CONGRESS  OF  NATIONS. 


16 


and  the  rights  of  conscience.  It  is  important  for  the 
welfare  of  mankind,  that  fundamental  rights  of  this 
description  should  be  understood ; that  they  should 
be  placed  upon  clear  and  irrefragable  grounds ; and 
that  they  should  be  announced  with  the  utmost 
solemnity.  This  is  particularly  true  of  rights  of 
conscience.  With  all  the  light  and  liberty  of  the 
nineteenth  century,  there  is  far  from  being  a full,  free, 
and  perfect  toleration  of  religious  opinions.  And  all 
announcements  and  stipulations  in  favor  of  rights  of 
conscience  cannot  be  too  highly  valued,  because  they 
are  made  in  support  of  the  inalienable  claims  of 
humanity.  Whatever  are  proper  subjects  for  treaty 
stipulations  would  be  suitable  topics  for  the  delibera- 
tions of  an  international  assembly;  and  it  is  well 
known,  that  rights  of  conscience  have,  in  repeated 
instances,  been  secured  by  treaties.  And  it  is  worthy 
of  remark,  that  this  view  of  things  was  announced  to 
the  national  legislature  by  the  President  of  the  United 
States,  as  a reason  for  uniting  in  the  proposed  Con- 
gress of  Panama.  The  passage,  to  which  we  refer, 
is  as  follows : “ The  Congress  of  Panama  is  believed 

to  present  a fair  occasion  for  urging  upon  all  the  new 
nations  of  the  South  the  just  and  liberal  principles  of 
religious  liberty.  Not  by  any  interference  whatever, 
in  their  internal  concerns,  but  by  claiming  for  our 
citizens,  whose  occupations  or  interests  may  call  them 
to  occasional  residence  in  their  territories,  the  inesti- 
mable privilege  of  worshipping  their  Creator  according 
to  the  dictates  of  their  own  consciences.  This  privi- 
lege, sanctioned  by  the  customary  law  of  nations,  and 


17 


CONGRESS  OF  NATIONS. 


361 


secured  by  treaty  stipulations  in  numerous  national  com- 
pacts ; secured  even  to  our  own  citizens  in  the  treaties 
with  Colombia,  and  with  the  Federation  of  Central 
America,  is  yet  to  be  obtained  in  the  other  South 
American  states  and  Mexico.  Existing  prejudices 
are  still  struggling  against  it,  which  may,  perhaps,  be 
more  successfully  combated  at  this  general  meeting, 
than  at  the  separate  seats  of  government  of  each 
republic.” 

2.  Crimes  against  humanity. — Among  these  are 
infanticide,  human  sacrifices,  the  burning  of  widows 
on  the  funeral  pile  of  their  husbands,  the  practice  of 
the  torture,  excessive  and  revolting  punishments,  the 
slave  trade,  and  other  crimes  of  a like  character. 
The  attention  of  a Congress  of  Nations  ought  to  be 
seriously  directed  to  evils  of  this  kind,  because  they 
involve  the  interests  of  human  nature,  as  such ; they 
are  crimes,  in  view  of  which  not  only  civihzation,  but 
humanity  revolts  ; they  are  offences,  not  merely  against 
a local  government,  but  against  all  mankind.  It  was 
for  a long  time  the  practice  in  certain  provinces  of 
India,  for  widows,  at  the  death  of  their  husbands,  to 
burn  themselves  on  the  funeral  pile.  Although  other 
nations,  in  a case  of  this  kind,  have  no  right  to  inter- 
fere by  violence,  it  is  obviously  their  duty  to  interfere, 
so  far  as  there  is  a prospect  of  doing  any  good,  by 
imparting  instruction,  and  by  earnest  remonstrances. 
And  if  such  provinces  are  under  the  control  of  civil- 
ized and  Christian  nations,  it  is  the  duty  of  such 
nations,  to  the  performance  of  which  they  may 
properly  be  excited  and  urged  by  other  Christian 

46 


362 


CONGRESS  OF  NATIONS. 


18 


states,  to  terminate  the  practice  in  question  by  express 
and  direct  interdictions. 

3.  Improvements  in  the  Law  of  JYatmis. — Many 
important  principles,  favorable  to  the  intercourse  and 
the  progress  of  nations,  are  embodied  in  the  great 
public  code,  usually  denominated  the  Law  of  Nations. 
Nevertheless,  it  is  very  generally  conceded,  by  those 
who  have  made  this  code  a subject  of  particular 
examination,  that  it  is  open  to  improvements.  The 
doctrines  of  blockade,  of  contraband  of  war,  of  war 
on  private  property  on  the  ocean,  of  armed  interpo- 
sition in  the  domestic  affairs  of  another  nation,  and 
other  important  doctrines  of  international  law,  are  in 
many  cases  laid  down  in  a very  obscure  and  indefinite 
manner,  and  in  some  are  evidently  wrong  in  principle 
and  unjust  in  their  application.  On  the  supposition, 
therefore,  that  improvements  can  be  made,  and  ought 
to  be  made,  in  the  international  code,  it  is  very  evident, 
that  a Congress  of  Nations  would  be  a peculiarly 
suitable  body  to  suggest  such  improvements,  both  in 
consequence  of  being  able  to  judge  of  their  necessity, 
and  of  possessing  a weight  of  authority  which  would 
be  likely  to  secure  their  entire  recognition. 

4.  Commercial  intercourse. — The  improvement  and 
expansion  of  commerce  is  one  of  the  striking  and 
pleasant  features  of  the  present  day.  The  ocean  is 
not  divided  by  marks  and  boundaries,  but  furnishes  a 
common  highway  for  all  nations.  In  large  commercial 
cities,  the  men  of  all  countries,  and  speaking  in  all 
languages,  constantly  meet  together,  and,  by  their 
mutual  intercourse  and  transactions,  vindicate  their 


19 


CONGRESS  OF  NATIONS. 


363 


claim  to  a common  descent,  a common  relationship. 
As  commerce,  in  the  enlarged  sense  of  the  term, 
exists  between  nation  and  nation,  and  embraces  all 
mankind;  as  it  involves  immense  interests,  which 
connect  themselves  often  with  abstruse  and  comph- 
cated  inquiries,  it  will  inevitably  present  subjects  for 
frequent  examination  to  a Congress  of  Nations.  The 
natural  tendency  of  things,  adverse  to  the  freedom 
and  growth  of  commerce,  is  the  exclusion  of  foreign 
articles  for  the  purpose  of  encouraging  home  products. 
It  is  not  easy  for  any  government  to  resist  the  claims 
and  calls  of  its  subjects  for  the  protection  which  is 
understood  to  result  from  such  restrictive  measures. 
But  an  unhappy  result  is,  that  these  measures  are 
immediately  followed  by  countervailing  enactments 
on  the  part  of  other  nations ; and,  if  carried  very  far, 
they  evidently  tend  to  the  utter  destruction  of  com- 
merce. Now  if  nations  would  come  together,  in  the 
spirit  of  amity,  and  with  all  the  facts  before  them,  they 
could  hardly  fail  to  perceive  the  ultimate  results  of 
restrictions,  however  necessary  they  might  appear  to 
be  on  a small  scale,  and  to  take  measures  for  the 
prevention  of  them.  It  is  certainly  to  be  feared,  if 
nations  universally  should  act  upon  the  principle  of 
refusing  the  importation  of  whatever  they  can  produce 
themselves,  which  seems  to  be  the  prevalent  disposi- 
tion among  them,  that  the  interests  of  commerce,  so 
essential  to  the  happiness  of  mankind,  will  speedily 
and  greatly  suffer.  Perhaps  these  suggestions  may 
have  the  appearance  of  being  visionary ; but  we  ven- 
ture to  say  with  confidence,  that  among  the  multitude  of 


364  CONGRESS  OF  NATIONS.  20 

questions,  connected  with  navigation  and  the  inter- 
change of  commodities,  some,  at  least,  will  be  found 
appropriate  subjects  of  international  consultation  ; and 
that  the  examination  of  them  will  be  attended  with 
beneficial  consequences. 

5.  JYaturalizution  and  allegiance. — The  subject  of 
naturalization,  with  which  that  of  allegiance  is  closely 
connected,  would  be  well  worthy  of  the  attention  of 
such  a body.  An  Englishman  comes  to  the  United 
States,  and  after  residing  a certain  time,  and  passing 
through  some  prescribed  ceremonies,  becomes  an 
American  citizen.  But  it  does  not  appear  (whatever 
declarations  he  may  in  his  own  person  make,  that  he 
will  yield  obedience  and  homage  to  no  other  power), 
that  the  fact  of  his  becoming  an  American  citizen 
destroys  his  allegiance  to  England.  “Natural  allegi- 
ance,” says  Blackstone,  “is  a debt  of  gratitude,  which 
cannot  be  forfeited,  cancelled,  or  altered,  by  any 
change  of  time,  place,  or  circumstances.  An  English- 
man, who  removes  to  France  or  to  China,  owes  the 
same  allegiance  to  the  king  of  England  there  as  at 
home,  and  twenty  years  hence  as  well  as  now.”*  If 
this  principle  is  good  in  relation  to  Englishmen,  it 
would  be  difficult  to  show,  that  it  is  defective  in  rela- 
tion to  the  citizens  of  other  countries ; and,  of  course, 
it  will  occur  to  every  one,  that  it  must  in  its  applications 
be  attended  with  serious  inconveniences,  since  the 
man  who  is  naturalized  is  made  by  it  to  sustain 
characters  and  relations,  which  seem  to  be  wholly 
inconsistent  with  each  other. 


* Commentaries,  Vol.  I,  p.  369. 


21 


CONGRESS  OF  NATIONS. 


365 


6.  Contracts  in  relation  to  different  countries.  — On 
this  topic,  we  will  merely  make  an  extract  from  the 
Treatise  of  Judge  Story,  on  the  Conflict  of  Laws ; a 
work,  which  one  would  judge  to  be  almost  expressly 
written  for  the  purpose  of  showing  the  importance  of 
a Congress  of  Nations.  “A  few  simple  cases  will 
sufficiently  illustrate  the  importance  of  some  interna- 
tional principles  in  matters  of  mere  private  right  and 
duty.  Suppose  a contract,  valid  by  the  laws  of  the 
country  where  it  is  made,  is  sought  to  be  enforced  in 
another  country  where  such  a contract  is  positively 
prohibited  by  its  laws ; or,  vice  versa,  suppose  a con- 
tract, invalid  by  the  laws  of  the  country  where  it  is 
made,  but  valid  by  those  of  the  country  where  it  is 
sought  to  be  enforced ; it  is  plain,  that,  unless  some 
uniform  rules  are  adopted  to  govern  such  cases,  which 
are  not  uncommon,  the  grossest  inequalities  will  arise 
in  the  administration  of  justice  between  the  subjects 
of  the  different  countries  in  regard  to  such  contracts. 
Again ; by  the  laws  of  some  countries,  marriage  can- 
not be  contracted  until  the  parties  arrive  at  twenty-one 
years  of  age ; in  other  countries,  not  until  they  arrive 
at  the  age  of  twenty -five  years.  Suppose  a marriage 
to  be  contracted  between  two  persons  in  the  same 
country,  both  of  whom  are  over  twenty -one  years 
but  less  than  twenty-five,  and  one  of  them  is  a sub- 
ject of  the  latter  country  1 Is  such  a marriage  valid, 
or  not  ? If  valid  in  the  country  where  it  is  celebrated, 
is  it  valid  also  in  the  other  country  ? Or,  the  question 
may  be  propounded  in  a still  more  general  form.  Is 
a marriage,  valid  between  the  parties  in  the  place 


366 


CONGRESS  OF  NATIONS. 


22 


where  it  is  solemnized,  equally  valid  in  all  other 
countries  1 Or,  is  it  obhgatory  only  as  a local  regula- 
tion, and  to  be  treated  every  where  else  as  a mere 
nullity.”  * 

7.  Majoritij,  evidence,  and  law  of  domicil. — At 
what  period  a man  is  to  be  regarded  as  old  enough 
to  act  for  himself,  and  to  make  valid  contracts,  is  not 
decided  by  nature,  but  by  express  legislation,  or  by 
the  customary  law  of  different  countries.  In  the 
United  States,  a man  is  legally  of  age  at  twenty-one ; 
but  in  France,  he  is  not  regarded  as  of  age  until 
twenty-five.  Consequently,  if  an  American,  twenty- 
one  years  of  age,  and  resident  in  the  United  States, 
should  purchase  goods  in  France,  the  contract  would 
be  binding  upon  him.  On  the  contrary,  a French- 
man of  the  same  age,  domiciled  in  France,  who 
should  order  a like  purchase  in  the  United  States, 
“would  not  be  bound  by  his  contract,  for  he  would 
be  deemed  incapable  of  making  such  a contract.”t 
This  single  fact  will  illustrate  what  we  mean. 

The  law  of  nations,  or  perhaps  more  properly  the 
practice  of  nations,  is  unsettled  also,  in  relation  to  the 
subject  of  evidence  and  proofs.  If  a contract,  or  any 
instrument  or  act  involving  the  nature  of  a contract, 
is  made  in  France  or  the  Netherlands,  but  is  to  be 
carried  into  effect  by  a course  of  judicial  proceedings 
in  America,  in  what  way  is  such  instrument  or  act  to 
be  proved  ? Is  it  sufficient  to  authenticate  it  by  the 
process  of  France  and  Holland,  and  the  evidence  which 


Story’s  Conflict  of  Laws,  c.  i,  § 5. 


f Ibid.,  c.  iv,  § 66. 


23 


COIfGRESS  OF  NATIONS. 


367 


is  considered  sufficient  there  1 Or,  is  it  necessary,  in  the 
authentication  of  it,  to  conform  strictly  to  the  ceremo- 
nies and  the  evidence  which  are  required  in  the 
United  States?  “Various  cases  may  be  put  to  illus- 
trate these  questions.  A contract  or  other  instrument 
is  executed  and  recorded  before  a notary  public  in  a 
foreign  country,  in  which,  by  law,  a copy  of  the  con- 
tract or  other  instrument  certified  by  him  is  sufficient 
to  establish  its  existence  and  genuineness ; would  that 
certificate  be  admissible  in  the  courts  of  common  law 
of  England  or  America  to  establish  the  same  facts  1 
Again ; persons  who  are  interested,  and  even  parties 
in  the  suit,  are  in  some  foreign  countries  admissible 
witnesses  to  prove  contracts,  instruments,  and  other 
acts,  material  to  the  merits  of  the  suit ; would  they 
be  admissible  as  witnesses  in  suits  brought  in  the 
course  of  common  law  in  England  and  America,  to 
prove  the  like  facts  in  relation  to  contracts,  instruments, 
or  other  acts,  made  or  done  in  such  foreign  countries 
material  to  the  suit  ? These  are  questions  more  easily 
put  than  answered.”* 

On  the  subject  of  domicil,  and  of  the  rights  and 
duties  connected  with  domicil,  the  doctrines  and  prac- 
tices of  different  countries  are  at  variance  with  each 
other.  What  constitutes  a domicil — whether  the 
rights  and  obligations,  which  attach  to  a person  in 
connection  with  his  domicil,  are  to  be  recognized  and 
respected  in  all  other  places — the  application  of  the 
doctrine  of  domicil  to  the  marriage  relation,  particu- 


* Story’s  Conflict  of  Laws,  c.  xvii,  § 630. 


368 


CONGRESS  OF  NATIONS. 


24 


larly  in  its  bearing  upon  the  matters  of  property  and 
divorce — the  connection  of  the  doctrine  of  domicil 
with  the  testamentary  disposition  of  property  at  death 
— these  are  some  of  the  important  topics,  on  which 
different  opinions  have  been  expressed,  and  different 
practices  have  been  adopted.  Certainly  on  some  of 
the  subjects  which  have  been  introduced  under  this 
head,  there  would  be  ample  opportunity  for  the  exer- 
cise of  that  high  degree  of  wisdom,  which  we  might 
suppose  to  be  assembled  in  a Congress  of  Nations. 

8.  Retaliation  in  war. — If  war  is  less  horrid  in  its 
results  than  it  was  once,  there  still  remain  features 
hardly  less  atrocious  than  those  which  have  been 
expunged  from  it.  One  is  the  assumed  right  of 
retaliation. 

The  instances  of  cruelty,  which  have  originated  in 
connection  with  this  alleged  right,  are  exceedingly 
numerous,  and  of  the  most  affecting  character.  Facts 
will  best  show  what  we  mean.  In  the  Spanish  civil 
war,  now  in  progress,  Zumalacarreguy  defeated  at  the 
battle  of  Los  Compos  de  Larion  a division  of  Rodil’s 
army  under  the  command  of  General  Carandolet. 
Among  the  prisoners  taken  by  the  Carlists  were  the 
Conde  de  Villa  Manuel,  a grandee  of  Spain,  and 
several  officers  of  rank.  Zumalacarreguy,  who  has 
not  the  reputation  of  being  a bloodthirsty  ruffian, 
immediately  despatched  a courier  to  Rodil,  informing 
him  of  these  officers  and  noblemen  being  in  custody, 
and  offering  to  exchange  them  for  several  officers  of 
his  own,  who  had  been  taken  previously  in  Biscay 
and  Guipuscoa.  In  the  mean  time,  the  prisoners 


25  CONGRESS  OF  NATIONS.  369 

shared  the  table  of  their  captor,  and  were  treated 
with  all  the  respect  due  to  their  rank.  In  two  days 
the  courier  returned,  and  found  the  General  seated 
with  his  prisoners  at  his  mess,  over  a puchero.  Rodil’s 
letter  was  instantly  opened,  and  contained  the  follow- 
ing laconic  reply : “ The  officers  you  require,  I have 
already  shot.”  The  fate  of  the  unfortunate  nobleman 
and  his  officers  is  soon  told.  “Gentlemen,”  said 
Zumalacarreguy,  throwing  the  letter  to  them,  “I  am 
sorry  it  is  so,  but  there  is  no  alternative.  Blood  for 
blood ! Send  for  the  confessor,  for  you  have  but  a 
few  minutes  to  live ! ” And,  in  effect,  they  were 
dragged  from  the  very  table  at  which  they  had  been 
seated  together,  and  shot  in  the  court  yard ! * 

Take  another  instance  still  more  atrocious,  which 
has  already  been  referred  to.  In  the  revolutionary 
war  of  the  Netherlands,  which  terminated  in  their 
independence,  the  Spaniards  repeatedly  threw  the 
Dutch  prisoners,  whom  they  had  taken  and  detained 
on  board  their  ships,  into  the  ocean.  The  Dutch, 
having  at  a certain  time  taken  a considerable  number 
of  Spanish  prisoners,  tied  five  companies  of  them 
together  in  pairs,  and,  in  retaliation  of  the  cruelties  of 
the  Spaniards,  threw  them,  on  a given  signal,  alive 
into  the  sea. 

When  Buonaparte  was  carrying  on  the  war  in 
Egypt  and  Syria,  he  sent  a messenger  to  Jaffa  for  the 
purpose  of  demanding  the  surrender  of  that  place. 
The  messenger  was  beheaded  by  order  of  the  gov- 


* The  Calumet,  Vol.  II,  No.  4. 


47 


370 


CONGRESS  OF  NATIONS. 


26 


ernor.  Among  the  prisoners  subsequently  taken  at 
Jaffa  were  found  a part  of  the  garrison  of  El  Arish, 
who  had  been  taken  once  before,  and  had  pledged 
themselves  not  to  serve  against  the  French,  These 
transactions  were  the  grounds  of  great  offence ; and 
on  the  principle  of  retaliation  Buonaparte  ordered  two 
thousand  prisoners  who  had  fallen  into  his  power,  to 
be  escorted  out  to  the  sand-hills  to  the  south-east  of 
Jaffa,  and  to  be  put  to  death  in  cold  blood.  “ The 
execution  lasted  a considerable  time,  and  the  wounded, 
as  in  the  fusillades  of  the  Revolution,  were  despatched 
with  the  bayonet.  Their  bodies  were  heaped  together, 
and  formed  a pyramid  which  is  still  visible,  consist- 
ing now  of  human  bones,  as  originally  of  bloody 
corpses.”* 

In  the  course  of  the  dreadful  civil  wars  in  South 
America  there  were  similar  instances ; and  they  are 
to  be  found,  more  or  less  frequently,  in  all  periods  of 
history.  If  wars  are  to  exist  and  to  be  carried  on  in 
future,  can  it  be  too  much  to  expect,  that  improve- 
ments will  continue  to  be  made  in  the  principles  and 
modes  of  their  prosecution,  and  that  this  repulsive 
and  cruel  feature,  which  is  equally  repugnant  to  reason 
and  humanity,  will  be  removed  1 Certain  it  is,  that 
no  subject  could  be  more  worthy  of  the  prompt  and 
effectual  attention  of  the  assembled  wisdom  of  civilized 
and  Christian  nations. 

9.  Measures  for  the  relief  of  suffering  nations. — 
There  can  be  no  question,  that  nations  are  bound  to 


Scott’s  Life  of  Napoleon,  Vol.  I,  c.  29. 


27 


CONGRESS  OF  NATIONS. 


371 


assist  each  other,  in  cases  of  want  and  suffering,  so 
far  as  they  are  able  to  do  it,  consistently  with  their 
own  preservation.  This  duty  has  always  been  admit- 
ted in  theory,  and  has  also  been  acknowledged  in 
some  instances  by  the  more  decisive  testimony  of 
being  put  in  practice ; but  it  has  not,  in  general,  been 
carried  into  effect  so  promptly  and  efficiently,  as  it 
ought  to  have  been.  It  is  but  a few  years  since,  that 
hundreds  of  thousands  in  Greece  were  in  a state  of 
starvation ; still  more  recently  the  inhabitants  of  the 
Cape  De  Verd  Islands  were  in  the  same  situation ; in 
both  instances,  the  cry  of  distress  was  heard  and 
reechoed  through  every  part  of  the  civilized  world ; 
but  the  assistance  which  was  furnished,  and  for  which 
there  has  not  often  been  a more  urgent  call,  was 
rendered  chiefly,  if  not  exclusively,  by  individuals. 
It  is  undoubtedly  proper  and  commendable  for  indi- 
viduals to  act  in  such  cases;  but  it  seems  highly 
suitable,  whether  we  consider  the  magnitude  of  the 
object,  or  the  relations  of  one  political  community  to 
another,  that  the  greater  and  more  effective  ability  of 
nations  should  be  put  in  requisition.  And  measures 
to  this  end,  such  as  would  render  prompt  and  ample 
assistance  in  all  cases  of  great  national  suffering 
brought  about  by  unavoidable  causes,  would  be  pro- 
perly set  on  foot  and  perfected  by  an  international 
assembly. 

10.  Interpretation  of  treaties. — Writers  on  the  law 
of  nations  have  laid  down  various  principles,  applica- 
ble to  the  interpretation  of  treaties,  and  in  so  doing 
they  have  contributed  to  the  great  cause  of  justice 
and  humanity.  But  it  was  not  within  the  reach  of 


372 


CONGRESS  OF  NATIONS. 


28 


any  ordinary  foresight,  to  anticipate  distinctly  all  the 
possible  circumstances  of  their  application.  Cases 
may  be  expected  to  occur  in  time  to  come,  as  they 
always  have  occurred  in  time  past,  where  the  stipula- 
tions of  treaties  are  of  such  a nature  as  to  leave  it 
entirely  doubtful  what  course  the  parties  are  bound 
to  pursue.  None  of  the  principles,  which  are  estab- 
lished in  the  public  law,  will  meet  them.  Under  such 
circumstances,  it  is  highly  desirable,  that  there  should 
be  some  established  body,  possessing  the  confidence 
of  all  parties,  to  which  an  appeal  can  be  made.  Such 
a body  would  be  an  assembly  composed  of  the  most 
distinguished  men  of  various  nations,  a majority  of 
whom  could  not  be  supposed  to  be  influenced  by 
views  inconsistent  with  entire  justice. 

11.  Military  regulations  in  time  of  peace. — Expen- 
sive fortresses  are  maintained,  immense  armies  are 
kept  on  foot,  and  numerous  fleets  are  supported  even 
in  time  of  peace,  merely  because  such  fleets,  armies 
and  navies  are  maintained  by  the  surrounding  nations. 
It  seems  to  be  an  established  maxim,  whether  a just 
one  or  not  we  will  not  here  undertake  to  say,  that  no 
nation  in  Europe  can  greatly  reduce  its  military  estab- 
lishment without  incurring  danger  from  other  nations. 
The  excessive  expense,  therefore,  attending  these 
establishments  must  be  perpetually  incurred,  and  the 
people  be  burdened  and  distressed  by  taxation,  unless 
the  nations  in  the  neighborhood  of  each  other  can 
be  brought  into  the  measure  of  a simultaneous  reduc- 
tion. But  this  measure,  which  so  nearly  concerns  all 
civilized  nations,  both  the  governments  and  the  people, 
is  very  difficult  to  be  effected.  No  nation  is  willing  to 


29 


CONGRESS  OF  NATIONS. 


373 


take  the  first  step  in  any  considerable  reduction  of 
military  force,  without  a full  assurance  that  the  sur- 
rounding nations  will  take  the  same  step ; and  such 
an  assurance  seems  necessarily  to  imply  a meeting  of 
the  nations  concerned,  and  a mutual  consultation.  It 
was  probably  in  consequence  of  his  conviction  of  the 
embarrassments  and  miseries  attending  large  military 
establishments,  that  Henry  IV  of  France,  proposed, 
about  the  year  1610,  the  plan  which  has  already  been 
spoken  of,  for  preventing  the  recurrence  of  wars  in 
Europe.  His  plan  was  to  constitute,  by  means  of  an 
European  congress,  a sort  of  pacific  and  confederated 
European  commonwealth.  He  proposed  that  dele- 
gates should  be  appointed  by  the  several  European 
nations,  and  that  these,  when  assembled  together, 
should  act  as  a court  of  inquiry  and  arbitration  in  any 
controversies,  that  might  from  time  to  time  arise 
among  the  states  by  whom  they  were  commissioned. 
If  this  wise  and  benevolent  plan  had  gone  into  effect 
at  the  time  of  its  proposal,  how  many  millions  of 
money  would  have  been  saved — how  many  lives 
would  have  been  prolonged — how  many  tears  would 
have  been  spared ! The  immense  sums,  applied  to 
the  slaughter  of  the  human  race,  would  have  been 
expended  in  the  culture  of  the  earth,  in  purposes  of 
commerce,  in  feeding  the  hungry,  and  clothing  the 
naked,  and  healing  the  sick,  and  in  various  ways 
diminishing  the  aggregate  of  misery  and  increasing 
the  sum  of  happiness. 

12.  The  entire  and  permanent  extinction  of  war. — 
This  is  the  great  object  for  which  such  a body  ought 


374 


CONGRESS  OF  NATIONS. 


30 


to  be  assembled.  Wars  must  end.  They  commonly 
arise  from  such  trivial  causes ; they  are  so  at  variance 
with  the  benevolent  and  just  elements  of  man’s 
nature ; they  strike  so  deep  at  the  root  of  human 
happiness ; they  are  obviously  opposed  to  the  spirit 
and  the  letter  of  the  gospel ; that  religion  and  benev- 
olence and  the  common  sympathies  and  wants  of 
humanity  all  cry  aloud  for  their  permanent  termination. 
The  progress  of  civilization  will  do  much  towards  this 
end ; the  diffusion  of  Christianity  will  do  more ; but 
there  is  reason  to  fear  they  will  come  short  of  this 
great  object,  unless  their  beneficent  influences  are 
brought  together  and  concentrated  in  the  authoritative 
voice  of  some  august  international  assembly.  If  this 
were  the  only  object  which  could  properly  be  brought 
before  a Congress  of  Nations,  or  which  would  be 
worthy  of  their  attention,  it  is  so  transcendently  great 
in  itself  and  in  its  connections,  that  it  would  alone 
fully  justify  the  formation  of  such  an  assembly. 

These  are  some  of  the  topics,  that  might  be 
expected  to  come  before  the  august  body,  which  is 
proposed  to  be  formed.  There  are  a few  others, 
which  seem  to  require  a more  particular  notice.  We 
shall  not,  however,  undertake  to  present  a complete 
enumeration ; but  one  thing  may  be  regarded  as  cer- 
tain, that,  if  they  should  assemble  in  the  true  spirit  of 
their  vocation,  if  they  should  have  a heart  as  feelingly 
alive  to  the  interests  and  claims  of  mankind,  as  they 
would  undoubtedly  have  a head  clear  and  able  in  the 
perception  of  them,  there  can  be  no  doubt  that  they 
would  find  enough  to  do. 


31 


CONGRESS  OF  NATIONS. 


375 


CHAPTER  III. 

WEIGHTS  AND  MEASURES. 

Among  the  subjects,  which  the  advice  and  decisions 
of  the  proposed  Congress  might  be  expected  to  reach 
with  some  favorable  results,  may  be  included  that  of 
Weights  and  Measures.  This  is  a subject,  which 
is  so  closely  connected  with  the  progress  and  happi- 
ness of  the  human  race,  and  is  at  the  same  time  so 
httle  understood,  that  we  shall  bestow  a little  more 
time  upon  it  than  was  allotted  to  the  slightly  noticed 
topics  of  the  preceding  chapter. 

It  is  really  appalling  to  notice  the  diversity  which 
exists  throughout  the  world  in  the  measures  of  weight 
and  quantity.  The  system  of  England  is  different 
from  that  of  France ; and  that  of  France  is  different 
from  the  system  of  Holland ; and  almost  every  coun- 
try, however  allied  it  may  be  by  commerce  to  other 
countries,  has  its  own  system,  its  own  practices.  And 
it  is  sometimes  difficult,  with  all  the  pains  that  can  be 
taken,  to  estimate,  as  compared  with  each  other,  the 
weights  and  measures  of  different  countries.  We  do 
not  presume  to  assert,  that  any  thing  could  be  effect- 
ually done  by  a Congress  towards  securing  a general 
uniformity  in  this  thing ; but  they  would  certainly  be 
in  a situation  to  estimate  the  practicability  of  such  a 
movement,  to  make  propositions  in  relation  to  it,  and 


376 


CONGRESS  OF  NATIONS. 


32 


give  advice.  Favorably  situated  to  collect  information 
as  to  the  standards  of  weight  and  measure  in  use  in 
various  countries,  and  to  ascertain  their  relation  to 
each  other,  they  would  of  course  be  in  a situation  to 
form  an  estimate  of  their  comparative  merits.  And 
from  learning  the  results  of  practical  legislation  in 
particular  countries,  they  would  fully  understand  not 
only  the  greatness  of  the  evils  to  be  corrected,  but 
the  obstacles  which  stand  in  the  way  of  such  correc- 
tion. And  such  information  would  be  found  the  more 
important,  because  hasty  innovations  in  this  matter, 
necessarily  extending  to  the  transactions  of  every 
family  in  the  community,  would  be  likely  to  be 
attended  with  the  very  greatest  inconveniences. 

Different  countries  have  at  different  times  consulted 
and  legislated  on  this  subject.  For  more  than  seventy 
years,  it  has  received,  at  short  intervals,  the  attention 
of  the  English  parliament,  with  the  design  of  insti- 
tuting a permanent  system  for  themselves  and  their 
dependencies,  founded  on  scientific  principles,  and 
with  the  laudable  hope,  undoubtedly,  of  its  being 
ultimately  adopted  by  other  nations ; but  after  all  the 
inquiries  and  experiments  which  they  have  been  able 
to  make,  they  have  not  felt  at  liberty  to  venture  on 
any  decisive  acts.  So  late  as  May,  1821,  the  report 
of  a select  committee,  appointed  to  consider  several 
reports  which  had  previously  been  laid  before  the 
House  of  Commons,  discountenanced  a departure 
from  the  standards  already  established  in  Great 
Britain  for  the  purpose  of  conforming  them  to  those 
of  other  nations ; and  merely  advised  bringing  in  a 


33 


CONGRESS  OF  NATIONS. 


377 


bill,  the  principal  object  of  which  was  to  secure  an 
uniformity  in  the  standards  of  length,  capacity,  and 
weight,  in  Scotland,  England  and  Ireland,  and  in  the 
colonies  and  dependencies  of  the  empire,  among 
all  of  which  the  greatest  diversity  had  previously 
prevailed. 

During  the  past  fifty  years,  the  Congress  of  the 
United  States  has  had,  at  various  times,  the  same 
subject  under  consideration ; but  satisfied  as  they 
were  of  the  inconveniences  of  existing  systems,  and 
of  the  desirableness  of  uniformity  among  all  commercial 
nations,  they  have  taken  no  measures ; and  as  their 
commercial  connections  are  chiefly  with  Great  Britain 
and  her  dependencies,  they  will  undoubtedly  choose 
to  wait  for  her  movements.  The  wisdom  of  this 
policy  is  perhaps  unquestionable.  The  United  States 
received  the  standards  of  their  weights  and  measures 
from  England  ; the  standards  at  the  English  exchequer 
are  the  same  now  as  at  the  first  settlement  of  this 
country ; and  it  is  worthy  of  notice,  that  in  the  report 
to  the  House  of  Commons  just  now  referred  to,  the 
committee  recommend  the  sending  of  copies  of  the 
standards  in  the  exchequer  to  the  United  States,  in 
the  confident  hope  of  their  being  adopted  here,  and 
thus  securing  the  great  object  of  uniformity,  as  far  as 
these  two  commercial  communities  are  concerned. 
A learned  report,  made  a few  years  since  to  the  Con- 
gress of  the  United  States,  came  to  the  conclusion, 
that  any  change  in  our  system  would  be  inexpedient 
at  the  present  time,  and  among  other  prominent 
reasons,  for  the  following : “ That  no  change  whatever 

48 


378 


CONGRESS  OF  NATIONS. 


34 


of  the  system  could  be  adopted,  without  losing  the 
greatest  of  all  the  elements  of  uniformity,  that  refer- 
ring to  persons  using  the  same  system.  This  uni- 
formity we  now  possess  in  common  with  the  whole 
British  nation ; the  nation,  with  which,  of  all  the 
nations  of  the  earth,  we  have  the  most  of  that  inter- 
course which  requires  the  constant  use  of  weights 
and  measures.”*  Great  Britain,  therefore,  and  the 
United  States  may  be  considered  as  going  together 
on  this  subject,  or  rather  as  remaining  where  they 
are,  until  further  inquiries  shall  have  satisfied  them 
what  new  measures  can  be  taken  with  safety. 

The  kingdom  of  France  had  suffered  from  a want 
of  uniformity  in  weights  and  measures  within  her  own 
limits;  and  on  the  first  of  August,  1793,  the  Nation- 
al Convention,  animated  with  the  hopes  of  correcting 
the  evils  and  inconveniences  of  the  previous  state  of 
things,  resolved  to  adopt  an  uniform  system ; and,  in 
conformity  to  this  resolution,  a new  system  was  estab- 
lished by  law,  in  1795.  Although  prepared  for  the 
immediate  use  of  France,  its  authors  evidently  took 
into  view  the  wants  of  other  nations,  and  desired  and 
anticipated  its  universal  adoption.  The  committee  of 
public  instruction  spoke  of  it  as  being  placed  on  a 
basis  immutable  as  nature  herself,  as  a plan  ardently 
desired  by  the  enlightened  friends  of  humanity,  and 
as  worthy  of  being  offered  to  all  other  nations,  as  well 
as  France.  The  French  system  was  founded  on  the 


* Report  upon  Weights  and  Measures,  by  John  Q,.  Adams,  in  obedi- 
ence to  a Resolution  of  the  Senate  of  the  3d  of  March,  1817. 


35 


CONGRESS  OF  NATIONS. 


379 


principle,  that  all  weights  and  measures  should  be 
reduced  to  one  uniform  standard  of  linear  measure ; 
and  that  this  standard  should  be  an  aliquot  part  of  the 
circumference  of  the  globe.  The  unit  of  linear  meas- 
ure, to  which  as  a standard  they  proposed  to  refer  all 
others,  is  the  ten  millionth  part  of  the  quadrant  of  the 
meridian,  extending  from  the  equator  to  the  pole. 
This  is  called  the  metre,  being  about  39i  English 
inches.  A cube,  whose  side  is  one  tenth  of  a metre, 
forms  the  unit  of  measures  of  capacity ; it  is  equal  to 
about  2^  English  pints,  and  is  called  the  litre.  With 
such  beginnings,  a plan  was  ultimately  matured,  and 
verified  by  scientific  observations,  which,  in  the  theory 
at  least,  seemed  to  have  a decided  advantage  over  all 
others,  especially  as  it  was  expressed  by  a simple  and 
significant  nomenclature. 

But  the  French  system,  though  generally  under- 
stood to  possess  in  many  respects  decided  advantages, 
has  not  come  into  use  beyond  the  limits  of  France, 
except  perhaps  to  a very  small  extent;  and  the 
civilized  world  still  continue  exposed  to  many  frauds 
and  a great  deal  of  useless  labor,  in  consequence  of 
the  want  of  a well  established  and  uniform  arrange- 
ment, which,  in  its  outlines  at  least,  should  be 
understood  and  practised  upon  by  all  nations.  Great 
Britain  and  the  United  States,  with  a characteristic 
caution,  have  not  ventured  upon  any  very  decisive 
measures,  even  in  respect  to  their  own  dominions, 
still  less  with  reference  to  foreign  countries ; and  the 
system  of  France,  which  necessarily  encountered 
popular  prejudice,  as  well  as  national  jealousy,  has  as 


380 


CONGRESS  OF  NATIONS. 


36 


yet  exerted  but  little  influence  beyond  the  limits  of 
French  territory.  So  that  the  undeniable  evils 
resulting  from  the  want  of  an  uniform  system  of 
weights  and  measures  still  remain ; nor  is  there  any 
prospect  that  they  will  be  remedied,  except  by  the 
mutual  and  long-continued  consultation  of  nations. 
On  this  ground,  therefore,  we  assert,  it  will  be  found 
a subject  deserving  the  attention  of  a Congress  of 
Nations,  whenever  nations  can  be  induced  to  meet 
together  for  the  purpose  of  friendly  and  peaceable 
discussion.  And  as  we  have  from  time  to  time 
fortified  the  opinions  that  have  been  hazarded,  by  an 
appeal  to  the  authority  of  men  well  known  to  the 
public,  and  high  in  public  estimation,  we  shall  here 
introduce  to  the  notice  of  the  reader  an  extract  from 
Mr.  Adams’s  Report  to  the  American  Congress,  which 
goes  to  show  the  importance  of  the  subject,  and  the 
measures  proposed  to  be  taken : 

“The  plan  which  is  thus,  in  obedience  to  the 
injunction  of  both  Houses  of  Congress,  submitted  to 
their  consideration,  consists  of  two  parts,  the  principles 
of  which  may  be  stated : 1.  To  fix  the  standard,  with 
the  partial  uniformity  of  which  it  is  susceptible  for  the 
present,  excluding  all  innovations.  2.  To  consult 
icith  foreign  nations,  for  the  future  and  idtimate 
establishment  of  universal  and  permanent  uniformity. 

“ The  two  parts  of  the  plan  submitted  are  presented 
distinctly  from  each  other,  to  the  end  that  either  of 
them,  should  it  separately  obtain  the  concurrence  of 
Congress,  may  be  separately  carried  into  execution. 
In  relation  to  weights  and  measures  throughout  the 


37 


CONGRESS  OF  NATIONS. 


381 


Union,  we  possess  already  so  near  an  approximation 
to  uniformity  of  law,  that  little  more  is  required  of 
Congress  for  fixing  the  standard  than  to  provide  for 
the  uniformity  of  fact,  by  procuring  and  distributing 
to  the  executives  of  the  states  and  territories  positive 
national  standards  conformable  to  the  law.  If  there 
be  one  conclusion  more  clear  than  another,  deducible 
from  all  the  history  of  mankind,  it  is  the  danger  of 
hasty  and  inconsiderate  legislation  upon  weights  and 
measures.  From  this  conviction,  the  result  of  all 
inquiry  is,  that,  while  all  the  existing  systems  of 
metrology  are  very  imperfect,  and  susceptible  of 
improvements  involving  in  no  small  degree  the  virtue 
and  happiness  of  future  ages ; while  the  impression  of 
this  truth  is  profoundly  and  almost  universally  felt  by 
the  wise  and  the  powerful  of  the  most  enlightened 
nations  of  the  globe ; while  the  spirit  of  improvement 
is  operating  with  an  ardor,  perseverance  and  zeal, 
honorable  to  the  human  character,  it  is  yet  certain, 
that,  for  the  successful  termination  of  all  the  labors, 
and  the  final  accomplishment  of  the  glorious  object, 
permanent  and  universal  uniformity,  legislation  is  not 
alone  competent.  A concurrence  of  will  is  indispen- 
sable to  give  eflScacy  to  the  precepts  of  power.  All 
trifling  and  partial  attempts  of  change  in  our  existing 
system,  it  is  hoped,  will  still  be  steadily  discounte- 
nanced and  rejected  by  Congress ; not  only  as 
unworthy  of  the  high  and  solemn  importance  of  the 
subject,  but  as  impracticable  to  the  purpose,  and  as 
inevitably  tending  to  the  reverse,  to  increased  diversity, 
to  inextricable  confusion.  Uniformity  of  weights  and 


382 


CONGRESS  OF  NATIONS. 


38 


measures,  permanent,  universal  uniformity,  adapted  to 
the  nature  of  things,  to  the  physical  organization  and 
the  moral  improvement  of  man,  would  be  a blessing  of 
such  transcendent  magnitude,  that,  if  there  existed 
upon  earth  a combination  of  power  and  ivill,  adequate 
to  accomplish  the  result  by  the  energy  of  a single  act, 
the  being  who  should  exercise  it  would  be  among  the 
greatest  benefactors  of  the  human  race.  But  this  stage 
of  human  perfectibility  is  yet  far  remote.  The  glory 
of  the  first  attempt  belongs  to  France.  France  first 
surveyed  the  subject  of  weights  and  measures  in  all 
its  extent  and  all  its  compass.  France  first  beheld  it 
as  involving  the  interests,  the  comforts,  and  the  morals 
of  all  nations  and  of  all  after  ages.  In  forming  her 
system,  she  acted  as  the  representative  of  the  whole 
human  race,  present  and  to  come.  She  has  estab- 
lished it  by  law  within  her  own  territories ; and  she 
has  offered  it  as  a benefaction  to  the  acceptance  of  all 
other  nations.  That  it  is  worthy  of  their  acceptance, 
is  believed  to  be  beyond  a question.  But  opinion  is 
the  queen  of  the  world ; and  the  final  prevalence  of 
this  system  beyond  the  boundaries  of  France’s  power 
must  await  the  time,  when  the  example  of  its  benefits, 
long  and  practically  enjoyed,  shall  acquire  that  ascen- 
dency over  the  opinions  of  other  nations,  which  gives 
motion  to  the  springs  and  direction  to  the  wheels  of 
power.” 


39 


CONGRESS  OF  NATIONS. 


383 


CHAPTER  IV. 

THE  SLAVE  TRADE. 

There  is  another  important  subject  which  would 
properly  come  before  an  international  Congress,  that 
of  the  Slave  Trade.  If  there  is  any  discussion,  in 
which  the  whole  human  race  could  properly  be  con- 
cerned, it  is  in  relation  to  this  insufferable  traffic. 
Nothing  can  be  more  humiliating  to  human  nature, 
or  more  offensive  in  the  sight  of  a just  God,  than  the 
fact,  that  multitudes  of  our  fellow-beings  are,  from 
year  to  year,  causelessly  and  violently  torn  away  from 
their  homes  and  friends,  and  consigned  to  hopeless 
servitude  in  foreign  lands.  In  order  to  have  a correct 
view  of  the  abominations  of  the  slave  trade,  every 
man  should  apply  the  facts  to  himself  and  to  his  own 
case.  Our  views  and  feelings  are  apt  to  be  limited 
by  the  narrow  circle  of  our  own  personal  interests ; 
and  the  most  aggravated  evils,  when  they  do  not 
have  a direct  connection  with  ourselves  but  are 
remote  from  us,  appear  exceedingly  diminished  and 
almost  harmless.  But  let  us  ask,  what  sum  of  money 
would  compensate  for  the  laceration  of  feeling  and 
the  unspeakable  wretchedness  of  that  parent  among 
ourselves,  who  should  behold  his  beloved  children 
seized  and  carried  off  by  a band  of  robbers  ? Look 
round  upon  your  own  family,  and  put  the  question 


384 


CONGRESS  or  NATIONS. 


40 


to  your  own  heart ; and  then  say,  whether  the  cruel 
treatment  of  African  fathers  and  African  children  is 
a trifling  concern. 

Many  years  since  the  miseries  of  Africa,  connected 
with  the  slave  trade  and  resulting  from  it,  arrested  the 
attention  of  philanthropists  in  various  parts  of  the 
world.  A number  of  excellent  men,  respected  alike 
for  their  talents  and  their  high  moral  character,  long 
ago  raised  their  voice  against  this  tremendous  evil, 
this  concentrated  essence  of  sin  and  wretchedness. 
The  generous  and  enlightened  men  who  have  been 
referred  to,  are  not  to  be  blamed,  if  the  results  have 
not  corresponded  to  their  wishes. 

It  is  true,  that  the  traffic  has  been  prohibited  by 
the  legislatures  of  England,  France,  and  the  United 
States ; and  various  treaties  have  been  formed  with 
the  same  general  object  in  view.  But  it  has  been 
found  to  avail  almost  absolutely  nothing,  that  some 
nations  have  taken  these  just  measures,  and  have 
even  denounced  the  traffic  as  piracy,  while  others 
have  continued  to  prosecute  it.  Instead  of  being  en- 
tirely suppressed,  as  it  ought  to  have  been  years  ago, 
this  odious  and  cruel  trade  is  still  openly  carried  on, 
and  is  not  even  essentially  diminished.  Even  to  this 
day,  the  peaceful  villages  of  Africa  are  devastated ; 
husbands  and  wives,  parents  and  children,  with  a love 
towards  each  other  as  warm  and  pure  as  thrills  in  the 
breast  of  any  European,  are  separated  from  each  oth- 
ers’ arms  for  ever.  In  the  year  1822,  there  were 
shipped  from  Africa,  for  the  single  city  of  Rio  Janeiro, 
31,240  negroes;  and  for  the  city  of  Bahia  more  than 


41 


CONGRESS  OF  NATIONS. 


385 


8000,  swelling  the  Brazilian  trade  alone  to  the  heart- 
sickening  aggregate  of  about  40,000  persons,  cruelly 
and  treacherously  torn  from  their  homes  and  families, 
and  doomed  to  a life  of  toilsome  and  hopeless  servitude. 
In  1823,  the  number  of  persons,  thus  introduced  into 
the  Brazilian  ports,  was  nearly  the  same;  certainly 
not  less.  In  the  first  six  months  of  the  year  1824, 
the  number  of  slaves  brought  into  the  port  of  Rio 
Janeiro  was  16,563.*  By  a recent  official  report 
from  the  same  city,  it  appears,  that  the  number  of  slaves 
imported  into  it  in  1826  was  35,966,  and  that  the 
number  imported  in  1827  was  41,384.  f According 
to  a statement  in  the  recent  travels  of  Dr.  Walsh  in 
Brazil,  the  number  imported  in  1828  was  45,000. 
Slave  factories  were  not  long  since  established  in  the 
immediate  vicinity  of  the  American  colony  of  Liberia ; 
and  at  the  Gallinas,  between  Liberia  and  Sierra  Leone, 
not  less  than  900  slaves  were  shipped  in  the  summer 
of  1830,  in  the  short  space  of  three  weeks.  It  appears 
from  the  statements  of  the  Colonial  Agent  of  Liberia, 
that,  in  the  year  1834,  the  coast  of  Western  Africa 
was  swarming  with  slave  traders.  In  December  of 
that  year,  a Spanish  brig  of  three  hundred  tons,  the 
Formidable,  was  captured  off  the  mouth  of  the  old 
Calabar  river,  which  had  on  board  seven  hundred 
slaves.  It  is  not  easy  to  state  with  perfect  precision, 
but  the  average  number  of  enslaved  Africans,  violently 
torn  away  each  year  from  their  native  country,  may 

* See  statements  in  the  Edinburgh  Review,  Vol.  XLI. 

f African  Repository,  August,  1828,  April  and  July,  1835.  See,  also, 
the  13th  Annual  Report  of  the  American  Colonization  Society, 

49 


386 


CONGRESS  OF  NATIONS. 


42 


be  estimated  with  much  probability  at  not  less  than 
75,000.  Many  persons,  who  have  been  favorably 
situated  to  form  a correct  estimate,  have  placed  the 
number  as  high  as  100,000. 

But  the  dreadful  atrocity  of  these  transactions  is  not 
to  be  found  in  the  number  of  enslaved  persons  alone ; 
it  is  not  less  conspicuous  in  the  treatment  of  them ; 
in  their  want  of  clothing,  in  the  wretched  quality  of 
their  bread,  in  the  putrid  water  they  are  compelled  to 
drink,  and  the  close  and  corrupted  air  they  breathe. 
It  shocks  humanity  to  add,  that  the  wretched  slaves 
have,  in  a number  of  instances,  been  thrown  overboard 
alive,  as  if  they  were  mere  ballast,  and  not  our 
brethren,  bone  of  our  bone  and  flesh  of  our  flesh.  In 
1819,  the  French  slave  ship,  the  Rodeur,  threw  over- 
board thirty-nine  negroes,  who  had  become  blind 
during  the  voyage,  and  were  for  that  reason  unsaleable. 
Not  long  since,  as  appears  from  a report  of  the  African 
Institution,  the  slave  ship  La  Perle,  having  landed 
part  of  a cargo  of  250  slaves  at  Guadaloupe,  was  pur- 
sued by  an  armed  French  cutter;  and  to  avoid 
detection  threw  the  remainder,  sixty-five,  overboard, 
and  they  were  all  drowned. 

So  recently  as  the  latter  part  of  the  year  1831,  if  we 
may  credit  uncontradicted  accounts  circulated  generally 
in  the  newspapers,  the  same  dreadful  crime  was 
repeated  to  a still  greater  extent.  The  two  tenders 
of  the  English  frigate  Dryad  gave  chase  to  two  slave 
vessels  apparently  deeply  laden ; but  the  slavers, 
exerting  themselves  to  the  utmost,  were  enabled  to 
escape  into  the  river  Bonny,  and  to  disembark  600 


43 


CONGRESS  OF  NATIONS. 


387 


slaves,  before  the  tenders  could  come  up  to  take 
possession  of  them.  They  found  on  board  only  two 
hundred,  but  ascertained  that  the  persons  in  command 
of  the  slave  vessels  had  thrown  overboard  180  unfor- 
tunate victims,  manacled  together,  four  only  of  whom 
were  picked  up.  What  man  can  read  such  accounts, 
which  are  susceptible  of  being  authenticated  beyond 
all  manner  of  doubt,  without  hiding  his  head  in  shame 
and  confusion,  and  even  blushing  to  think  himself  a 
man ! What  king,  what  legislator,  can  be  found,  who 
will  not  raise  his  voice  against  this  horrid  wickedness, 
till  it  shall  reach  all  lands,  all  nations ! And  yet  this 
traffic,  with  all  its  dreadful  attendants,  has  already 
measured  a pilgrimage  of  more  than  three  hundred 
years ; it  has  already  consigned  to  slavery  and  all  the 
horrors  of  slavery  forty  millions  of  persons ; and  still 
lives  and  flourishes. 

It  cannot  be  doubted,  that  the  arrangements, 
incident  to  the  practice  of  the  slave  trade,  would  be 
suitable  topics  for  the  discussions  of  an  international 
congress,  and  that,  in  view  of  past  experience,  such 
a congress  is  the  only  hopeful  means  of  removing  this 
great  evil.  And  we  may  add,  that  this  opinion  is  by 
no  means  a novel  one,  if  we  may  judge  from  what 
has  repeatedly  taken  place  in  Europe  in  relation  to 
this  very  subject.  It  is  well  known,  that  it  was 
discussed  by  the  great  powers  of  Europe  assembled 
in  the  celebrated  Congress  of  Vienna.  Subsequently, 
in  December  of  1817,  a conference  was  held  in  respect 
to  it  at  London,  by  the  plenipotentiaries  of  Austria, 
France,  Great  Britain,  Russia  and  Prussia.  A subse- 


388 


CONGRESS  OF  NATIONS. 


44 


quent  conference  was  held  by  the  same  great  powers, 
at  the  same  place,  and  on  the  same  subject,  in 
February  of  1818.  At  the  last  named  conference. 
Lord  Castlereagh  read  a note,  in  w’hich  he  stated, 
among  many  other  things,  that  the  parties  engaged  in 
the  trade  had  adopted  the  practice  of  carrying  it  on 
in  armed  and  fast  sailing  vessels,  which  menaced  with 
destruction,  by  their  piratical  practices,  the  commerce 
of  all  nations  on  the  coast  of  Africa.  He  stated, 
further,  that  the  system  of  obtaining  fraudulent  papers, 
and  concealing  the  real  ownership,  was  conducted 
with  such  address  as  to  render  it  easy  for  the  subjects 
of  all  states  to  pursue  this  traffic,  so  long  as  it  should 
remain  legal  to  the  subjects  of  any  one  state ; and 
accordingly  the  Portuguese  slave  trader,  when  it  had 
become  unlawful  for  him  to  appear  north  of  the  line, 
had  concealed  himself  under  the  Spanish  flag ; and 
the  American  and  the  British  dealer  in  slaves  had  in 
like  manner  assumed  a foreign  disguise.  He  further 
gave  it  as  his  opinion,  that  nothing  could  cope  with 
this  abominable  traffic,  under  the  then  existing  state 
of  things,  but  the  vigilant  superintendence  of  an  armed 
and  international  police,  established  under  the  sanction 
and  by  the  authority  of  all  civilized  states.*  The 
subject  of  the  slave  trade  was  subsequently  taken  up, 
and  occupied  much  time  and  attention  in  the  Congress 
of  Aix-la-Chapelle. 

But  the  measures  proposed  to  be  taken  were 


* See  Report  of  the  African  Institution,  and  statements  in  the 
Christian  Observer,  1819;  also,  R.  Walsh’s  Appeal,  p.  378. 


45 


CONGRESS  OF  NATIONS. 


389 


obstructed  by  the  difficulties  attending  the  proposition 
of  a mutual  right  of  search  and  detention.  It  appeared 
that  this  proposition  could  not  be  generally  acceded 
to,  but  the  discussion  of  it  gave  rise  to  a proposal  on 
the  part  of  Russia  which  is  worthy  of  notice  here,  on 
account  of  its  approximating  on  a small  scale  to  the 
principles  and  results  of  a permanent  supervisory 
administration  extending  to  all  countries.  The  pro- 
posal was  to  this  effect ; for  the  purpose  of  suppress- 
ing the  slave  trade,  there  should  be  a supreme  council 
constituted,  in  which  all  Christian  nations  should  take 
a part,  the  seat  of  which  should  be  a central  point  on 
the  coast  of  Africa ; that  this  council  should  have  the 
control  of  an  adequate  maritime  force,  maintained  for 
the  purpose  of  effecting  the  great  object  in  view; 
that  there  should  be  a judicial  tribunal,  judging  all 
crimes  relating  to  the  slave  trade,  according  to  the  law 
established  by  the  supreme  council,  by  which  also  the 
sentences  of  the  judiciary  power  might  be  revised ; 
that  the  supreme  council  and  its  agents  should  be 
allowed  the  right  of  visiting  and  detaining  vessels,  as 
one  means  of  fulfilling  their  great  object ; and  that  an 
account  of  its  administration  should  be  rendered  to 
the  congress  or  conference  of  nations  concerned  in 
its  establishment. 


390 


CONGRESS  OF  NATIONS. 


46 


CHAPTER  V. 

INSUFFICIENCY  OP  PRESENT  MODES  OF  REDRESS. 

There  are  some  persons,  agreeing  with  us  in  the 
belief  of  existing  evils,  and  that  much  remains  to  be 
done,  who  nevertheless  profess  themselves  to  be 
satisfied  with  the  means  of  improvement  already  in 
operation.  It  will  be  the  object  of  this  chapter  briefly 
to  show  that  the  existing  methods  of  redress,  from 
which  they  anticipate  a gradual  but  sure  and  complete 
remedy  of  national  evils,  are  not  sufficient. 

1.  One  of  the  means  to  which  we  now  allude,  are, 
treatises  on  the  law  of  nations.  Much  credit  is 
undoubtedly  due  to  the  authors  of  these  treatises. 
With  a commendable  regard  for  the  rights  and 
happiness  of  their  fellow-men,  they  have  displayed  a 
great  compass  of  thought,  and  the  rich  treasures  of 
learning.  The  subject  itself  is  one  of  the  highest 
interest;  and  the  manner  of  treating  it  has  often 
corresponded  to  the  dignity  and  interest  of  the  subject. 
They  have  explored  the  grounds  of  obligation  in  man 
himself;  they  have  gone  upward,  and  have  studied 
the  intimations  and  counsels  of  his  Creator ; and  have 
thence  deduced  principles,  applicable  to  the  govern- 
ment both  of  individuals  and  of  great  communities. 
We  venerate  the  men  and  their  efforts ; we  cheerfully 
render  them  the  homage  of  sincere  admiration  and 


47 


CONGRESS  OF  NATIONS. 


391 


gratitude ; but,  while  we  readily  admit  that  they  have 
done  immense  good,  we  can  never  be  persuaded  that 
they  have  met  in  all  respects  the  w'ants  of  mankind, 
or  that  the  results  of  their  labors  have  corresponded 
even  to  their  own  intentions.  Nor  could  we  rationally 
expect  that  it  would  be  otherwise.  The  subject  of 
international  law  is  too  vast  to  be  settled  by  a single 
individual,  however  great  his  genius  and  learning.  It 
requires  no  ordinary  degree  of  foresight  and  discretion 
to  institute  properly  a mere  municipal  code ; and  there 
can  be  no  doubt  that  the  difficulties  attending  the 
estabUshment  of  an  international  one  are  far  greater. 
And  if  the  accomplishment  of  a work  so  vast  were 
within  the  compass  of  any  one  man’s  ability,  we  are 
still  to  recollect  that  these  writers  are  not  left  solely  to 
the  guidance  of  their  own  minds, — to  the  original, 
instinctive  sentiment  of  justice, — but  are  trammelled 
in  their  decisions  by  prescription,  by  the  practice  of 
nations  whose  usages  have  been  frequently  controlled 
by  the  pressure  of  interest,  rather  than  the  dictates  of 
rectitude.  But  whatever  may  be  the  cause,  there 
can  be  no  doubt  as  to  the  fact. 

2.  Nor  can  we  rely  fully  and  satisfactorily  for  an 
exposition  of  the  law  of  nations,  and  for  a remedy  of 
the  evils  hitherto  attending  the  intercourse  of  nations, 
on  the  decision  of  Admiralty  courts.  Their  position, 
considered  as  the  expounders  of  a law  applicable  to 
the  citizens  of  other  nations,  as  well  as  their  own,  is 
in  some  respects  an  unfavorable  one.  Taking  it  for 
granted  that  the  judges  of  those  courts  are  in  general 
men  of  great  uprightness  and  learning,  still  it  would 


392 


CONGRESS  OF  NATIONS. 


48 


be  unreasonable  to  expect  that  they  would  always 
escape  every  bias,  incident  to  their  peculiar  situation. 
And  even  if  this  were  the  case,  are  their  decisions 
always  to  be  held  conclusive  1 

In  the  celebrated  case  of  the  Swedish  Convoy, 
decided  in  England  in  June,  1799,  Sir  William  Scott 
makes  a declaration  to  this  effect,  that  though  the  seat 
of  judicial  authority  is  in  England,  the  law  itself  has 
no  locality ; and  that  he  is  under  obligation  to  decide 
in  London  the  same  as  he  would  do  in  Stockholm. 
Allowing  due  weight  to  these  assertions,  it  is  still 
abundantly  obvious,  from  the  general  spirit  of  this 
celebrated  decision,  which  went  to  establish  the 
illegality  of  certain  doctrines  in  relation  to  neutral 
rights  maintained  by  Russia,  Denmark  and  Sweden, 
that  he  felt  too  as  an  Englishman ; that  he  was  not 
insensible,  and  could  not  be  insensible  to  the  perilous 
situation  of  his  suffering  country ; and  that  these 
feelings  tended  to  strengthen  his  confidence  in  the 
opinions  he  asserted,  and  to  enhance  his  contempt  for 
“ those  loose  doctrines,  which  modern  fancy,  under 
the  various  denominations  of  philanthropy  and  philos- 
ophy, have  thrown  upon  the  world.”  * These  last 
are  his  own  expressions ; and  when  we  consider  that 
they  were  used  as  applicable  to  a principle  which  had 
been  recognized  by  some  respectable  writers  on 
national  law,  by  the  treaties  of  a number  of  highly 
respectable  nations,  and  by  an  armed  neutrality,  they 
are  of  themselves  enough  to  justify  us  in  what  we 


* Robinson’s  Admiralty  Reports,  Case  of  the  Maria. 


49 


CONGRESS  OF  NATIONS. 


393 


have  intimated  of  the  unfavorable  position  of  an 
Admiralty  judge  to  a just  arbitration  on  international 
rights. 

We  are  desirous,  however,  not  to  be  misunderstood 
on  this  subject.  We  presume,  as  a general  statement, 
that  these  courts  are  incompetent  to  make  the  law  of 
themselves;  but  we  do  not  deny  that  they  may  throw 
light  on  its  obscure  places.  There  is  an  antecedent 
standard  of  law  and  rectitude,  which  is  obligatory 
on  them ; but  their  intimations  and  reasonings  on 
questions  of  abstract  right,  which  their  situation 
permits  them  occasionally  to  offer,  may  lay  the 
foundation  of  future  changes.  No  one  hesitates  to 
yield  them  the  credit  of  great  learning,  and  of  a 
prevalent  disposition  to  do  strict  justice ; but  it  is  no 
heresy  to  disclaim  their  infallibility.  We  do  not 
doubt  their  honor ; but  we  cannot  shut  our  eyes  to 
the  weakness  of  human  nature  and  the  force  of 
contingent  chcumstances.  We  recognize  in  their 
decisions  the  voice  of  their  own  nation  and  their  own 
people ; but  we  do  not  so  readily  admit  their  claim  to 
the  character  of  spokesmen  and  expositors  for  the 
whole  world.  And  no  one  can  doubt  the  possibility 
of  maritime  tribunals,  with  all  their  ordinary  charac- 
teristics of  learning,  honor  and  justice,  being  arrayed, 
not  only  in  opposition  to  the  existing  claims  and 
opinions  of  other  nations,  but  equally  in  opposition  to 
undoubted  law  and  justice. 

As  this  subject  is  one  of  some  delicacy,  and  on 
which  there  may,  undoubtedly,  be  a difference  of 
sentiment,  we  think  it  proper  to  introduce  here  the 

50 


394 


CONGRESS  OF  NATIONS. 


50 


opinion  of  the  late  William  Pinkney,  and  to  support 
ourselves  by  such  a highly  respected  authority.  “ If 
it  shall  once  be  admitted  that  an  Admiralty  sentence 
must  be  received  as  just,  however  it  may  be  in  fact, 
there  is  no  species  of  depredation  to  which  neutrals 
may  not  be  subjected.  The  memoirs  of  France  and 
the  placarts  of  Holland  may  be  revived  and  executed 
in  their  utmost  rigor,  without  the  danger  of  reprisals ; 
since,  if  confirmed  by  Admiralty  sentences,  their 
effects  are  not  to  be  murmured  against.  Constructive 
blockades  may  be  set  up  without  limit ; for  Admiralty 
sentences  can  legalize  them.  I do  not  mean  to 
intimate  that  such  would  be  the  conduct  of  this  or  any 
other  government  in  particular.  It  is  enough  that 
such  may  be  (although  we  know  that  such  has  been) 
the  conduct  of  maritime  states  ; and  I am  at  liberty  to 
argue  against  a principle  from  its  possible  pernicious 
consequences.  Heretofore  it  has  been  supposed  that 
this  sort  of  conduct  found  its  only  warrant  in  physical 
power ; but  the  new  principle,  that  Admiralty  sentences 
can  justify  every  thing  by  an  ex  post  facto  purification, 
will,  if  it  shall  be  adopted,  place  it  upon  the  basis  of 
moi’al  right ; or,  in  other  words,  it  is  a contrivance  to 
make  the  law  of  nations  uphold  and  justify  the 
violation  of  its  own  rules.  * * * ^ neutral 

nation  has  a perfect  right  to  have  the  claims  of  its 
citizens,  in  matters  of  prize,  decided  according  to  the 
law  of  nations,  let  the  instructions  of  the  government 
be  what  they  may ; but  this  right  never  has  been  and 
never  will  be  regarded  by  maritime  jurisdictions, 
whatever  we  may  be  told  to  the  contrary.  It  follows. 


51 


CONGRESS  OF  NATIONS. 


395 


that  the  rights  of  neutrals  are  often  sacrificed ; 
but,  being  sacrificed  by  Admiralty  sentences,  acting 
upon  the  instructions  of  the  government,  there  can 
be  no  remedy  for  the  neutrals,  if  these  sentences, 
though  notoriously  founded  on  instructions  at  variance 
with  the  law  of  nations,  are  to  be  conclusively  pre- 
sumed to  be  in  exact  conformity  to  that  law.”* 

3.  We  may  add,  further,  that  an  efficient  means  of 
remedying  the  evils  of  which  we  complain,  is  not  to 
be  found  in  treaties.  It  is  well  understood,  that  trea- 
ties have  always  had  great  weight  in  defining  and 
settling  the  principles  of  international  justice.  Mar- 
tens, in  speaking  of  the  positive  law  of  nations,  where 
he  has  occasion  to  refer  to  Puffendorf,  Glafey,  Mattel 
and  others,  states  explicitly  and  expressly,  that  “these 
writers  made  it  a study  to  illustrate  their  subject  by 
examples  and  observations  taken  from  the  history  of 
modern  times ; that  they  drew  their  information  from 
treaties  and  other  public  acts ; and  that  those  persons, 
who,  like  Leibnitz,  had  published  collections  of  this 
sort,  had  paved  the  way  for  them.” 

It  is  not  pretended,  that  a single  treaty  is  of  itself 
conclusive  authority  on  a controverted  doctrine  of 
law ; but  it  furnishes  a presumption  of  what  the  law 
is,  and  it  has  a degree  of  weight  in  defining  and 
ascertaining  it,  so  far  as  it  is  unsettled.  Considered 
as  the  expression  of  a nation’s  opinion  and  wishes, 
every  treaty  is  entitled  to  some  consideration.  But 


* Pinlcney’s  Opinions  before  Commissioners  acting  under  the  treaty 
of  1794. 


396 


CONGRESS  OF  NATIONS. 


52 


still,  when  a treaty  is  appealed  to  for  the  purpose  of 
ascertaining  what  the  law  of  nations  is,  it  ought  to  be 
examined  with  much  caution,  because,  like  the  decis- 
ions of  Admiralty  courts,  it  is  in  some  sense  ex  parte, 
and  is  unavoidably  exposed  to  the  sinister  suspicion  of 
being  prompted  by  views  of  convenience  and  interest. 
But,  putting  the  interested  views  of  the  authors  of  trea- 
ties out  of  the  question,  and  inquiring  merely  for  the 
facts  which  they  present,  we  shall  find  that  they  are 
far  from  being  concordant  in  their  testimony  on  matters 
of  international  law.  For  instance,  on  the  principle 
of  “free  ships,  free  goods,”  while  we  find  a consider- 
able number  of  treaties  recognizing  it,  there  are  others 
that  reject  it.  “The  treaties  of  Europe,  which,”  says 
a writer,*  “form  so  vast  a part  of  the  rule  which 
governs  the  conduct  of  each  of  its  states,  have  swelled 
to  such  an  enormous  size  in  point  of  number,  contain 
so  many  various,  and  sometimes  contradictory  stipu- 
lations, and  open  a field  so  immense  for  discussion, 
by  way  of  analogy  and  comparison,  that  it  is  not  an 
easy  thing  to  settle  what  general  principle  may  be 
collected  from  them  except  by  a thorough  and  accu- 
rate inspection  of  the  whole.”  It  may  be  added,  that 
the  thorough  inspection  here  spoken  of  will  not  always 
answer  the  purpose.  There  will  still  remain  contra- 
dictory stipulations,  laying  the  foundation  for  con- 
tradictory and  uncertain  deductions.  Especially,  as 
it  is  impossible,  in  the  examination  of  treaties,  to  state 
precisely  at  what  period  we  ought  to  begin ; and 


* Ward  on  the  Rights  of  Neutral  and  Belligerent  Powers,  p.  95. 


53 


CONGRESS  OF  NATIONS. 


397 


beyond  which  the  examination  shall  not  be  prosecuted. 
Accordingly,  in  endeavoring  to  ascertain  from  treaties, 
whether  the  law  of  nations  recognized  the  principle 
that  free  ships  shall  make  free  goods,  Hubner  extends 
his  inquiry  through  the  last  century,  while  Schlegel 
carries  it  back  to  1642;  but  neither  of  these  periods 
appears  to  be  satisfactory  to  Ward,  who  institutes  an 
elaborate  examination  on  the  same  subject.  We  do 
not  deny  that  treaties  often  repeat  and  affirm  the  law 
already  existing,  and  that  they  sometimes  explain  the 
obscurities  and  settle  the  doubts  attending  it ; but  we 
do  not  find  in  them  that  just  and  pervading  and 
authoritative  power  of  exposition,  which  the  sufferings 
of  mankind  and  the  exigences  of  this  enlightened 
age  imperatively  demand. 

4.  We  proceed  to  remark,  further,  that  we  do  not 
find  an  adequate  corrective  of  existing  evils  in  custom. 
It  is  well  understood,  that  many  points  of  international 
law  are  settled  in  this  way,  viz.,  by  the  alleged  preva- 
lent and  permanent  practice  of  nations.  All  authori- 
ties, that  are  commonly  relied  on  in  these  inquiries, 
assert  this.  They  agree  in  assuring  us,  that  maxims 
and  customs,  consecrated  by  long  use,  become  binding, 
and  form  a portion  of  the  public  code.  These  cus- 
toms are  considered  as  expressive  of  the  opinions  and 
wishes  of  the  nations  by  which  they  are  admitted ; 
but  not  unfrequently  they  are  difficult  to  be  correctly 
ascertained ; or  are  limited  in  their  application  to  a 
small  number  of  states,  or  are  met  and  opposed  by 
variant  and  conflicting  customs.  And  we  should 
naturally  expect  this,  since  we  find  that  the  customs 


398 


CONGRESS  or  NATIONS. 


54 


of  nations,  when  traced  back  to  their  origin,  often  have 
their  beginning  in  excited  passion  or  temporary  policy. 
Such  being  the  case,  — and  it  is  most  certain,  that 
these  alleged  perplexities  are  not  wholly  chimerical,  — 
it  is  evidently  difficult,  in  many  cases,  if  we  refer  to 
custom  for  the  purpose  of  determining  the  matter,  to 
tell  what  ought  to  be  regarded  as  law,  and  what 
should  not  be. 

In  view  of  these  facts,  therefore,  we  think  we  have 
grounds  for  the  assertion,  that  the  ordinary  means  of 
correcting  the  evils  existing  in  the  law  of  nations  are 
essentially  inadequate,  and  that  other  means  should 
be  sought  for.  And  the  question  is,  Where  shall  we 
find  them? 

Writers  on  national  law  profess  to  treat  nations  as 
persons ; and  they  aver,  with  a great  degree  of  una- 
nimity, that  the  principles  of  justice,  applicable  to 
individuals,  are  also  applicable  to  bodies  politic.  If 
nations  are  treated  as  moral  persons,  it  must  be 
on  the  ground  that  they  have  the  character,  attributes, 
and  rights  of  persons  ; and  that  there  is  some  analogy 
between  them.  But  it  would  be  very  unwise  and 
unauthorized,  to  treat  of  the  rights  of  persons  without 
a regard  to  the  circumstances  in  which  they  are 
placed,  and  without  taking  into  consideration  the 
relations  which  man,  by  the  evident  tendencies  of 
his  nature,  is  made  to  sustain  to  his  brother  man. 
But  if  persons  are  not  entirely  solitary  and  insulated 
from  all  others,  having  rights  which  are  unreached  and 
unmodified  by  the  rights  of  their  fellows,  nations  are, 
in  like  manner,  not  solitary  and  insulated,  but  are 


55 


CONGRESS  OF  NATIONS. 


399 


members  of  one  great  family,  the  head  of  which  is 
the  Creator  of  the  world.  This  we  apprehend  to  be 
the  proper  view,  viz.,  that  nations,  like  individuals,  are 
the  members  of  a family ; it  seems  to  follow  necessa- 
rily from  the  acknowledged  propriety  of  treating  them 
as  persons ; and  it  is  only  by  following  out  this  view, 
and  requiring  nations  to  act  upon  it,  and  assembling 
them  together  in  their  acknowledged  capacity  of 
friends  and  brothers  for  the  purpose  of  amicable 
discussion,  that  we  can  find  a remedy  for  the  evils 
complained  of.  In  other  words,  the  body  suitable  for 
this  great  object  seems  to  be  the  representatives 
or  diplomatic  agents  of  nations,  met  together  in  an 
international  congress. 


400 


CONGRESS  OF  NATIONS. 


56 


CHAPTER  VI. 

OBJECTIONS  TO  THE  PROPOSED  CONGRESS. 

Even  if  it  should  be  admitted  that  there  is  abun- 
dant occasion  for  improvements  in  national  intercourse, 
and  that  the  existing  means  of  such  improvement  are 
inadequate,  various  objections  to  the  proposed  Con- 
gress of  Nations  will  not  fail  to  present  themselves. 
This  is  an  ordeal,  from  which  no  untried  measure  can 
expect  to  escape : the  judicious  will  propose  them  on 
grounds  of  prudence,  and  the  timid  from  fear ; and, 
on  the  whole,  it  is  not  desirable  that  it  should  be 
otherwise.  A good  measure  will  of  course  bear 
examination ; and  it  is  not  desirable  that  a bad  one, 
which  has  been  ascertained  to  be  so  by  inquiry, 
should  undergo  the  trial  of  an  actual  experiment. 

1.  One  objection  is,  that  the  proposed  Congress,  not 
being  invested  with  legislative  and  judicial  authority, 
or  with  the  means  of  enforcing  obedience,  must 
necessarily  be  advisory  merely,  and  will  of  course  fail 
of  its  object.  An  obvious  remark  on  this  objection 
is,  that  it  would  have  applied  at  any  former  period 
better  than  the  present.  It  is  one  of  the  honorable 
characteristics  of  the  present  age,  that  there  is  an 
increased  disposition  to  substitute  reason  for  violence, 
and  the  logic  of  good  advice  for  that  of  blows  and 
bloodshed.  But,  further,  this  objection  seems  to  imply 


57 


CONGRESS  OF  NATIONS. 


401 


too  limited  a view  of  the  business  of  the  Congress. 
Theh  business  would  be  partly  diplomatic ; proposi- 
tions for  treaty  arrangements  could  be  made  and 
discussed,  under  the  most  favorable  circumstances, 
by  the  representatives  of  different  nations ; the  bear- 
ings of  such  arrangements  on  other  nations  could  be 
promptly  ascertained,  and  the  treaties  could  be  con- 
cluded with  less  perplexity  and  hindrance  than  at 
present.  In  this  respect,  what  might  be  done  at  the 
Congress  could  not  be  properly  considered  as  merely 
advisory,  although  their  doings  would  undoubtedly  be 
subject  to  the  ratification  of  their  respective  govern- 
ments. Not  only  this,  they  would  necessarily  be  a 
great  court  of  reference.  Existing  differences,  in  the 
shape  of  contested  boundaries,  conflicting  construc- 
tions of  international  law,  and  the  like,  would,  from 
time  to  time,  be  submitted  by  agreement,  for  their 
adjustment.  And  their  decisions  would  be  more  or 
less  binding  according  to  the  terms  and  conditions, 
under  which  the  reference  was  made.  In  other 
respects,  their  measures  would  undoubtedly  be  in  a 
good  measure  deliberative  and  advisory,  tending  to 
enlighten  the  dark  places  of  public  law,  and  to  point 
out  to  nations  the  path  which  reason,  benevolence 
and  religion  prescribe.  But  would  they,  therefore, 
be  necessarily  less  efficacious'?  Were  the  reasonings 
of  Grotius,  Puffendorf,  and  Bynkershoek  any  thing 
more  than  advisory  1 Where  were  their  fleets  and 
armies,  the  neighing  of  horses,  and  the  warriors 
clothed  in  blood,  to  enforce  the  public  code  which 
they  promulgated?  They  went  forth,  like  the  first 

51 


402 


CONGRESS  OF  NATIONS. 


58 


preachers  of  the  gospel,  armed  with  the  rectitude  of 
their  cause.  They  spoke  in  the  name  of  reason 
and  humanity,  and  powerful  nations  bowed  at  their 
voice.  If  individuals  could  do  so  much,  what  can 
not  a Congress  of  Nations  do,  with  the  increased 
influence,  which  will  necessarily  attach  to  their 
position  1 

2.  It  may  be  further  objected,  that  the  interests  of 
truth  and  justice  will  not  be  secured,  in  consequence 
of  the  undue  prevalence  of  national  partialities  and 
predilections.  We  do  not  pretend  to  deny,  that  there 
is  some  weight  in  this  objection ; and  we  will  even 
admit,  that  intrigues  and  cabals  may  be  expected  to 
exist  at  times,  and  that  occasionally  the  claims  of 
justice  will  be  outraged,  and  the  ends  of  justice  frus- 
trated. On  every  side,  there  are  too  many  evidences 
of  human  delinquency  pressing  on  our  attention,  to 
permit  us  to  anticipate  otherwise.  And  yet  we  ap- 
prehend, that  this  objection  intimates  to  us  merely  an 
incidental  evil,  what  logicians  might  call  a fallacia 
ACCiDENTis ; and  that  it  no  more  proves  the  actual 
impracticability  and  inutility  of  a Congress  of  Nations, 
than  the  conflicts  of  different  sects  and  the  cruelties 
of  persecution  prove  the  inutility  of  the  Christian 
religion,  whose  benefits  for  a single  day  outweigh 
the  accidental  evils  connected  with  it  for  an  hundred 
years.  The  history  of  the  successive  congresses  that 
have  been  held,  tends  to  confirm  what  has  now  been 
asserted.  Undoubtedly  cabals  have  existed  and  in- 
trigues have  been  practised ; and  still  congress  after 
congress  has  been  held,  in  the  firm  belief,  notwith- 


59 


CONGRESS  OF  NATIONS. 


403 


standing  the  various  incidental  perplexities,  that  they 
furnished  the  readiest,  and  perhaps  the  only  practi- 
cable method  of  settling  existing  difficulties.  Sove- 
reigns and  nations  have  consented  to  take  the  good 
and  the  evil  together ; and  have  not  been  willing  to 
reject  the  benefit,  because  with  the  gold  there  hap- 
pened to  be  some  admixture  of  alloy. 

3.  Again,  it  may  be  further  objected,  that  the 
organization  of  the  proposed  Congress  will  be  found 
difficult  and  perhaps  impracticable,  in  consequence 
of  the  great  inequality  of  the  nations  proposed  to  be 
represented  in  it.  As  the  nations  represented  in  it 
are  all  independent,  the  smaller  states  would  naturally 
claim  an  equal  vote  with  others,  however  superior  they 
might  be  in  power  and  influence ; and  we  could  not 
rationally  expect  the  great  powers  would  consent  to 
such  an  arrangement,  which  would  place  in  the  hands 
of  their  inferiors  the  decision  of  questions  involving 
the  most  important  consequences.  But  the  diffi- 
culty, though  a serious  one,  is  not  insuperable.  The 
Achaean  and  Amphictyonic  leagues,  the  German 
confederacy,  the  Swiss  cantons,  the  republic  of  the 
Netherlands,  the  United  States,  and  the  successive 
international  congresses  of  Europe,  have  all  met  this 
precise  perplexity,  and  at  different  times  and  in  dif- 
ferent ways,  have  solved  it.  We  may  be  assured, 
therefore,  that  the  solution  will,  in  no  circumstances 
whatever,  be  above  the  ingenuity  of  men  who  come 
to  the  task  with  a disposition  to  promote  the  general 
rather  than  the  partial  good.  And  such  a disposition. 


404 


CONGRESS  OF  NATIONS. 


60 


to  some  extent  at  least,  seems  to  be  implied  in  the 
very  idea  of  a congress ; for  it  will  undoubtedly  owe 
its  existence,  whenever  it  shall  have  one,  to  the  greater 
prevalence  of  the  conviction,  that  the  time  has  come 
for  a more  decided  subjection  of  such  partial  interests 
to  the  general  welfare.  This  favorable  disposition 
will  be  aided  in  the  removal  of  difficulties  of  this  kind, 
by  the  consideration  that  the  congress  will  be  essen- 
tially consultative,  deliberative,  and  diplomatic,  rather 
than  legislative ; that  it  will  sit  as  the  expositor  of 
human  reason  and  the  friend  of  human  happiness, 
rather  than  in  the  character  of  a Jupiter  Tonans, 
scattering  his  thunderbolts  and  shaking  Olympus  with 
his  nod. 

4.  Without  delaying  to  answer  all  the  objections 
which  may  be  made,  we  will  further  remark  briefly 
upon  the  following,  viz.,  that  the  results  of  congresses 
hitherto  have  not  been  beneficial,  and  in  some  cases 
positively  injurious.  We  admit  the  force  of  this 
objection,  to  a certain  extent.  Vattel  speaks  of  two 
congresses — that  of  Cambray  and  that  of  Soissons 
— as  useless,  as  being  mere  political  farces;  and 
undoubtedly  some  other  instances  of  the  like  kind 
could  be  named.  But  we  ought  to  remember,  in 
attempting  to  estimate  this  objection,  that,  within  two 
centuries,  about  forty  congresses,  on  a greater  or  less 
scale,  have  been  held  in  Europe  for  terminating  wars, 
settling  boundaries,  and  other  international  objects. 
Now,  that  some  have  failed  of  their  object,  and  have 
been  broken  up  before  the  conferences  led  to  any 


61 


CONGRESS  OF  NATIONS. 


405 


result,  as  was  the  case  at  Cologne,  in  1673,  or  that 
erroneous  principles  may  have  been  sometimes 
promulgated,  as  was  recently  done  at  Laybach,  we 
do  not  think  it  worth  while  to  deny.  We  assert, 
however — which  we  feel  ourselves  entitled  to  do 
with  perfect  confidence — that  such  instances  are  few, 
in  comparison  with  the  whole  number;  and  though 
many  of  them  were  held  at  a comparatively  unen- 
lightened period,  and  often  amid  the  clash  of  arms, 
and  for  limited  and  partial  purposes,  they  have, 
nevertheless,  been  of  incalculable  benefit.  We  might 
illustrate  and  confirm  our  assertion,  by  instancing  the 
Congress  of  Breda,  in  1667,  and  that  of  Utrecht,  in 
1712;  but  as  events  so  far  back  would  require  many 
things  in  explanation,  we  shall  merely  refer  to  a recent 
instance  of  this  kind,  which  is  too  well  recollected  to 
require  any  minute  and  protracted  remarks ; we  mean 
the  recent  conference  or  congress  of  London,  which 
had  the  disturbed  affairs  of  Holland  and  Belgium 
under  its  arbitrament.  It  will  be  recollected  that,  in 
August,  1830,  the  Belgian  provinces,  forming  a part 
of  the  kingdom  of  the  Netherlands,  revolted,  and  set 
up  for  themselves.  This  was,  of  course,  the  signal  for 
a war  between  the  Belgians  and  Dutch ; and  when 
we  consider  that  the  inhabitants  of  these  two  nations 
belong  to  different  sects  in  religion,  and  have  always 
been  unfriendly  and  jealous,  there  was  every  reason 
to  anticipate  a fierce  and  embittered  contest.  It  was 
easy  to  foresee,  also,  that  France  would  speedily  be 
embroiled  on  the  part  of  the  Belgians,  and  Prussia  on 


406 


CONGRESS  OF  NATIONS. 


62 


the  part  of  the  Dutch ; a state  of  things  which  might 
be  speedily  followed  by  the  unspeakable  miseries  of  a 
general  European  war.  No  person,  in  the  least 
acquainted  with  the  facts  in  the  case,  will  presume  to 
say  that  there  was  any  reasonable  prospect  of  avoiding 
a general  war,  except  by  the  mediation  and  authority 
of  a conference  of  nations.  The  Dutch  felt  themselves 
aggrieved,  and  were  not  disposed  to  listen  to  such 
terms  as  would  have  been  acceptable  and  indispensa- 
ble to  the  Belgians.  The  French  nation  were,  from 
various  circumstances,  strongly  attached  to  the  Bel- 
gians, and  would  never  have  seen  the  Belgian 
provinces  subdued,  without  assistance.  It  was  under 
these  circumstances  that  the  conference  or  congress 
of  London  assembled,  with  a determination  to  prevent 
a war  in  Europe,  and  at  the  same  time  secure  a just 
arrangement  of  the  existing  difficulties  between  the 
two  nations  more  immediately  concerned.  The 
result  of  their  protracted  and  anxious  deliberations 
was,  that  they  settled  the  limits  of  the  Dutch  and 
Belgian  territory ; regulated  the  navigation  of  the 
rivers  of  Flanders,  of  the  Scheldt,  and  of  the  canals 
traversing  both  countries ; directed  the  method  of 
payment  to  Holland  of  the  expenses  incurred  by  her 
since  November  1,  1830 ; made  provision  for  the 
disposal  of  their  property  by  those  who  wished  to 
emigrate  from  one  country  to  the  other;  established 
a commission  for  the  liquidation  of  claims ; and 
secured  a general  amnesty  for  past  political  offences, 
besides  regulating  other  matters,  and  securing  other 


63 


CONGRESS  OF  NATIONS. 


407 


objects  of  a subordinate  nature.  And  what  friend  of 
humanity  will  not  rejoice  at  such  wise  and  peaceful 
procedures  and  results,  which  stopped  the  effusion  of 
blood,  and  prevented  a commotion  among  all  the 
nations  of  Europe,  which  would  have  been  attended 
with  immeasurable  horrors  and  sufferings ! There 
may  be  less  of  noise  and  eclat  in  these  transac- 
tions, than  if  there  had  been  an  immediate  resort  to 
war  and  bloodshed,  but  in  the  eye  of  Heaven  and  in 
the  eye  of  the  philanthropist,  they  meet  with  their 
reward. 

But  it  ought  to  be  remarked  that  there  is  much 
difference  between  the  proposed  Congress  of  Nations, 
and  the  greater  part  of  the  European  congresses 
which  have  ever  been  held.  The  latter  have  gen- 
erally been  formed  on  a small  scale,  and  limited  to  a 
few  nations ; they  have  ordinarily  been  held  in  a time 
of  war,  and  under  all  the  unfavorable  circumstances 
incident  to  a state  of  national  hostility ; and  as  might 
be  expected  from  these  facts,  they  have  too  often  been 
employed  merely  as  the  means  of  relief  from  the 
present  pressure  and  suffering,  rather  than  for  the 
promotion  of  permanent  justice  and  peace.  Now  we 
propose  a congress  on  a broader  scale ; one  which 
shall  include  America  with  Europe,  and  neutrals  as 
well  as  belligerents ; which  shall  be  the  offspring  of 
peaceful  times  and  peaceful  intentions;  which  shall 
have  a prospective  bearing  and  shall  powerfully  tend 
to  prevent  evils,  as  well  as  remedy  those  which 
have  already  occurred.  Instead  of  an  imperfectly 


408 


CONGRESS  OF  NATIONS. 


64 


organized  body,  the  occasional  result  of  violent  and 
protracted  conflicts  between  nations,  we  wish  to 
establish  a tribunal  on  benevolent,  just,  and  fixed 
principles,  to  which  the  whole  world  may  resort  on 
difficult  emergences,  which  would  otherwise  result 
in  war.  And  if  beneficial  results  have  undoubtedly 
followed  from  the  successive  European  congresses, 
we  may  rationally  expect,  under  more  favorable  aus- 
pices, an  augmentation  of  benefits ; and  that  the 
record  of  history  will  run,  not  merely  that  such  and 
such  a war  was  terminated  by  a congress,  but  that 
the  congress  prevented  the  occurrence  of  the  war. 


65 


CONGRESS  OF  NATIONS. 


409 


CHAPTER  VII. 

CIRCUMSTANCES  FAVORABLE  TO  AN  INTERNATIONAL  CONGRESS. 

It  must  be  obvious  to  every  one,  that  the  circum- 
stances of  the  age  in  which  we  live  are  favorable  to 
the  projected  congress.  Some  of  these  favorable 
circumstances  we  will  proceed  to  notice. 

1.  And  one  of  the  most  striking  which  arrests  our 
attention  is,  the  great  advancement  of  the  people  in 
nearly  all  civilized  nations  in  power.  Hardly  a cen- 
tury ago,  and  nearly  all  power,  with  the  exception  of 
a few  unimportant  republics,  was  lodged  in  the  hands 
of  the  supreme  executive,  the  prince,  king,  or  em- 
peror. It  seems  to  have  been  a general  sentiment, 
and  to  have  been  generally  acted  on,  that  the  prince 
was  born  to  rule,  and  that  the  people  were  created 
merely  to  obey.  In  the  public  and  political  measures 
which  were  taken,  whether  for  good  or  for  evil,  the 
people  but  seldom  came  into  the  account,  and  were 
but  little  thought  of. 

But  an  unexampled  change  has  taken  place  in  these 
respects.  Within  a century  past,  there  has  been  a 
most  wonderful  diffusion  of  general  knowledge.  In 
particular,  there  has  been  a rapid  progress  in  civil  and 
political  knowledge ; and  it  is  probably  in  this  species 
of  their  advancement  in  knowledge,  that  we  are  to 
look  for  the  explanation  of  the  people’s  rapid  advance^ 

52 


410 


CONGRESS  OF  NATIONS. 


66 


ment  in  political  power.  In  the  nature  of  things  it 
seemed  impossible,  that  they  should  understand  the 
true  loLindation  of  civil  and  political  rights,  and  not 
understand  the  secret  of  their  own  strength.  They 
clearly  saw,  if  thrones  had  any  foundation  at  all, 
they  were  built  upon  the  people’s  will.  If  princi- 
palities and  dominions  arose  above  them  like  moun- 
tains, they  felt  in  their  own  bosoms  the  kindlings  of 
the  volcano,  which  could  expand  and  shake  them  to 
atoms. 

But  the  people,  having  come  to  a right  understand- 
ing and  full  perception  of  their  power,  have  seldom 
been  disposed  to  exercise  it  in  any  exceptionable 
way,  provided  suitable  and  seasonable  attention  has 
been  paid  to  their  rights.  Sometimes  their  strong 
desires  for  freedom  and  representative  government 
have  broken  out  in  acts  of  violence  ; but  generally  they 
have  preferred  to  wait  with  a patient,  yet  confident, 
hope  in  the  ultimate  consummation  of  their  wishes. 
Sometimes  their  wishes  have  not  only  been  acceded 
to,  but  their  rights  have  been  explicitly  acknowledged 
in  the  concession.  Sometimes  constitutions  have  been 
given  by  the  sovereign,  under  the  denomination  of 
octroyees  or  grants ; but  the  mere  mode  of  the  pre- 
sentation is  of  but  minor  consequence,  since  such 
constitutions  or  grants  are  evidently  extorted  by  the 
wants  and  desires  of  the  people ; and  when  carefully 
examined,  they  will  be  found  to  involve  all  the  requi- 
sites of  a contract  between  the  sovereign  and  subject. 
In  many  other  cases,  the  people  have  had  a direct 
agency  in  forming  them.  During  the  last  half  cen- 


67 


CONGRESS  OF  NATIONS. 


411 


tury,  besides  some  temporary  and  abortive  attempts, 
there  have  been  more  than  eighty  new  written  consti- 
tutions established  in  Europe  and  America ; and  about 
one  hundred  millions  of  people  are  said  to  be  ruled 
by  them. 

2.  Another  favorable  circumstance  is,  the  great 
progress  which  has  been  made  in  the  various  depart- 
ments of  science  and  the  arts.  The  situation  of  the 
world  in  this  respect  is  very  different  from  what  it  was 
a few  centuries  ago.  If  scientific  knowledge  is  power 
in  other  respects,  it  is  power  also  (which  is  perhaps  not 
quite  so  obvious  at  first),  in  respect  to  the  political 
movements  of  the  world.  The  control  which  man, 
in  the  exercise  of  the  powers  Providence  has  given 
him,  has  been  able  to  obtain  over  the  various  forms 
and  energies  and  processes  of  nature,  has  reacted 
upon  himself,  and  accelerated  his  civilization.  He 
has  ascended  rapidly  in  the  scale  of  being,  and  with 
feelings  of  worthy  pride  looks  downward  on  his 
former  low  estate. 

In  these  remarks,  it  will  be  observed  that  we  have 
not  reference  so  much  to  the  general  spirit  of  inquiry 
and  general  diffusion  of  knowledge  which  has  already 
been  spoken  of,  as  to  advancement  in  particular  arts 
and  sciences,  and  to  discoveries  in  them  of  a marked 
and  prominent  character.  We  may  perhaps  illustrate 
what  we  mean,  by  a reference  to  the  discovery  of  the 
properties  of  steam,  and  the  application  of  those 
properties  to  purposes  of  navigation.  It  must  be 
obvious,  that  these  discoveries  and  inventions  have  in 
effect  brought  provinces  and  nations  much  nearer  to 


412 


CONGRESS  OF  NATIONS. 


68 


each  Other,  than  they  ever  were  before ; and  while 
they  have  rendered  much  more  rapid  and  easier  the 
intercourse  of  men  with  each  other,  they  have  at  the 
same  time  greatly  increased  that  intercourse.  By 
means  of  steamboats,  canals,  railroads,  and  telegraphic 
communications,  the  transactions  in  one  part  of  Europe 
are  immediately  made  known  in  another,  even  those 
that  are  most  distant ; so  that  the  different  nations  of 
Europe,  for  this  as  well  as  for  other  reasons,  have 
begun  to  assume  the  appearance  of  a single  and 
closely  connected  family. 

But  perhaps  a more  satisfactory  illustration  of  the 
connection  existing  between  improvements  in  the 
sciences  and  arts  and  political  melioration,  may  be 
found  in  the  invention  and  the  progress  of  the  art  of 
printing.  It  is  owing  to  this  wonderful  and  blessed 
art,  that  whatever  is  said,  beneficial  in  its  consequen- 
ces and  worthy  of  being  repeated,  is  immediately 
circulated  through  the  world.  The  channel  of  com- 
munication, furnished  by  the  press,  has  in  fact  become 
a great  and  curious  ear  of  Dionysius,  through  which 
the  conversations  in  the  extremities  of  the  world,  and 
even  the  slightest  whispers,  are  collected  and  rapidly 
reverberated  to  our  own  firesides  and  homes.  In 
many  respects,  England  in  particular,  and  France, 
and  Italy,  and  the  Germanic  states,  have  become  a 
common  country  with  ourselves.  In  consequence  of 
the  increased  facilities  for  printing  and  for  the  circu- 
lation of  what  is  printed,  we  are  enabled  to  listen  to 
their  debates,  to  take  an  interest  in  their  discussions, 
to  become  acquainted  with  their  discoveries,  and  to 


69 


CONGRESS  OF  NATIONS. 


413 


examine  their  plans  for  the  promotion  of  the  public 
good.  In  these  respects,  and  m others,  we  are 
beginning  to  be  one.  The  separating  tendencies  of  a 
difference  in  clime  and  in  language  are  yielding  to 
the  affinities  of  intellect,  and  the  gentle  attractions  of 
the  heart,  which  have  resumed,  in  some  degree,  their 
natural  and  appropriate  influence,  in  consequence  of 
the  intercommunications  of  the  press.  And  it  must  be 
evident,  on  the  very  slightest  reflection,  that  such  a 
state  of  things  is  exceedingly  favorable  to  the  proposed 
Congress  of  Nations.  Their  power,  supposing  such 
a body  to  be  constituted,  will  be  essentially  of  a moral 
kind ; moral  power  depends  upon  the  communication 
of  truth ; and  this  communication  depends  upon  the 
press. 

3.  A third  favorable  circumstance  is,  the  extension 
of  the  representative  principle,  and  the  establishment 
of  representative  governments.  This  favorable  cir- 
cumstance has  already  been  incidentally  alluded  to, 
in  the  remarks  on  the  increased  power  of  the  people 
at  the  present  day.  In  a large  majority  of  the  written 
constitutions  which  have  been  recently  established, 
the  representative  principle  is  recognized,  although  it 
is  sometimes  subjected  to  unnecessary  restrictions. 
The  principle  of  representation,  as  it  is  put  in  practice 
in  France,  and  Great  Britain,  and  particularly  in  the 
United  States  and  the  other  American  republics,  may 
politically  be  regarded  as  the  grand  discovery  and  the 
prominent  characteristic  of  these  later  times.  When 
it  shall  become  a little  more  extended,  and  be  more 
fully  brought  into  action,  it  seems  destined  to  operate 


414 


CONGRESS  OF  NATIONS. 


70 


a change  in  the  policy  of  nations,  in  the  highest  degree 
favorable  to  the  welfare  of  the  people.  That  part  of 
the  representation  which  is  drawn  directly  from  the 
people,  will  feel  it  a duty  to  become  acquainted  with 
their  wants,  sufferings,  prejudices,  and  just  claims. 
Operating  in  this  way,  and  virtually  introducing  the 
people  themselves  to  a direct  share  in  the  government, 
the  right  of  representation  will  prove  of  vast  benefit. 
The  policy  of  nations  has  hitherto  been  essentially 
belligerent ; but  popular  representation  will  be  adverse 
to  this  policy,  and,  in  the  same  proportion,  will  be 
propitious  to  the  great  objects  which  a Congress  of 
Nations  proposes  to  secure.  It  is  not  true,  and  it 
cannot  be  satisfactorily  shown,  that  the  great  mass  of 
mankind  are  at  all  disposed  to  promote  those  ruinous 
contests  which  have  blighted  and  cursed  the  earth. 
They  have  the  feelings  of  men,  and  they  cannot  see 
the  reasonableness  of  persecuting  and  putting  to  death 
those  who  bear  the  same  image.  And  it  certainly 
does  not  tend  to  remove  their  impressions  of  the 
absurdity  of  these  measures,  when,  as  a consequence 
of  them,  they  find  their  children  bleeding  and  perish- 
ing, and  their  substance  eaten  up  with  taxation. 
The  people,  therefore,  may  confidently  be  set  down 
as  entertaining  feelings  favorable  to  pacific  policy, 
commercial  intercourse,  and  light  taxation ; and  the 
principle  of  representation,  when  fully  developed,  wiU 
not  fail  to  give  vast  expansion  and  influence  to  their 
Avishes. 

4.  Another  favorable  circumstance  of  great  impor- 
tance is,  that  the  public  mind  is  in  some  degree 


71 


CONGRESS  OF  NATIONS. 


415 


prepared  for  the  establishment  of  a Congress  of 
Nations.  Every  great  political  movement  requires  a 
preparation  of  public  sentiment ; and  if  such  prepa- 
ration be  necessary  in  the  establishment  and  changes 
of  a single  nation’s  internal  administration,  it  must  be 
equally  necessary  to  effectuate  the  institution  of  a 
supervisory  administration,  destined  to  embrace  all 
nations.  Without  the  favor  of  public  sentiment,  it 
could  not  possibly  be  done.  We  do  not  say,  there  is 
a complete  preparation  in  this  respect ; we  know  it  is 
otherwise ; but  we  do  not  hesitate  to  assert,  that 
public  opinion  is  setting  in  the  right  direction,  and 
that  there  is  an  approximation  to  the  standard,  which 
we  wish  it  to  establish.  Many  circumstances  have  led 
to  this  approximation.  Civilized  nations  are  already 
familiar  with  the  name  and  the  general  nature  of  a 
congress  established  for  international  purposes.  For 
two  hundred  years  they  have  witnessed  the  sessions 
of  such  assemblies ; and  although  the  subject  is  pre- 
sented in  a new  form,  it  does  not  come  arrayed  in 
perfect  novelty.  They  have  seen  the  effects  of  these 
assemblies  in  their  measures,  and  with  some  undoubted 
exceptions,  have  looked  upon  them  as  beneficial. 

Furthermore,  as  far  as  Europe  is  concerned,  there 
is  a basis  laid  for  a permanent  congress,  not  only  in 
a favorable  public  sentiment,  but  especially  in  the 
condition  of  the  European  states,  considered  in  rela- 
tion to  each  other.  The  nations  of  Europe,  closely 
united  together  by  other  circumstances  than  that  of 
mere  proximity,  have  the  appearance  of  a single 
commonwealth.  Differing  greatly  in  extent  and  power. 


416 


CONGRESS  OF  NATIONS. 


72 


the  smaller  states  naturally  cling  to  the  more  powerful 
for  protection  ; and  these  last  are  so  situated,  and  so 
equally  balanced  against  each  other,  that  one  cannot 
move  greatly  out  of  its  accustomed  orbit,  without 
disturbing  the  equilibrium  of  a long  established  sys- 
tem. This  peculiar  and  complicated  state  of  things, 
which  historians  have  imperfectly  indicated  by  the 
phrase,  balance  of  power,  extending  over  numerous 
watchful  and  rival  millions,  and  checked  and  controlled 
in  its  operations  in  a multitude  of  ways,  evidently 
requires,  in  order  to  be  kept  in  action  and  its  proper 
position,  the  constant  practice  of  consultation,  super- 
vision, and  advice.  The  history  of  the  past  all  tends 
to  warn  against  supineness  and  want  of  watchfulness. 
The  unchastened  ambition  of  princes  often  leads  them 
into  measures  at  variance  with  the  dictates  of  reason, 
justice,  and  prudence.  At  one  time,  the  equilibrium, 
so  essential  to  the  safety  of  all  the  states,  of  whatever 
grade,  is  put  at  hazard  by  the  arms  and  the  policy  of 
a Charles  the  fifth  ; at  another  time  by  the  ungovern- 
able ambition  of  a Napoleon,  who  aims  to  unite  prin- 
cipalities and  kingdoms  in  his  own  person,  and  to  plant 
the  pillars  of  an  universal  monarchy.  The  necessity 
of  constant  circumspection  and  intercourse,  for  the 
purpose  of  maintaining  the  appropriate  arrangements, 
or  adjusting  them  when  out  of  order,  necessarily 
gives  frequent  occasion  for  international  assemblies, 
justly  entitled  to  the  character  of  conferences  or 
congresses. 

5.  A fifth  favorable  circumstance  is,  the  marked 
change  which  has  taken  place  in  the  sentiments  of 


73  CONGRESS  OF  NATIONS.  417 

all  classes  on  the  subject  of  war.  Previous  to  the 
commencement  of  the  present  century,  a decided 
expression,  adverse  to  the  continuance  of  war,  and  in 
favor  of  the  prevalence  of  peace,  could  scarcely  be 
made  by  any  one,  without  his  incurring  the  imputa- 
tion of  weakness  and  folly,  unless  perchance  it  was 
met  by  utter  indifference.  The  right,  and  even  the 
utility  of  war  were  scarcely  considered  open  and 
debatable  questions,  since  they  were  found  to  be  so 
universally  patronized  by  those  in  high  places,  no 
account  of  course  being  made  of  the  lower  and  mid- 
dle classes,  on  whom  the  curse  fell  with  every 
possible  variety  of  infliction.  But  the  principle  of 
representation  has  given  to  these  classes  the  power  of 
speech ; and  the  power  of  speech  has  called  into 
exercise  the  power  of  inquiry,  reflection,  and  reason ; 
and  a voice,  unheard  before,  has  come  up,  as  if  from 
the  vast  depths,  loud  and  terrible,  that  war  shall  be 
no  more.  It  is  not  merely  the  suffering  multitude, 
the  millions  who  bear  the  toil,  the  burden,  and  the 
blood,  that  begin  to  speak  out  on  this  all-important 
subject.  We  have  now,  in  opposition  to  the  practice 
of  war,  the  opinions  of  men  high  in  authority,  placed 
in  elevated  stations,  rich  in  this  world’s  wealth,  and 
rich  too  in  the  treasures  of  learning  and  prudence. 
They  have  heard  the  groans  of  their  fellow-beings, 
and  the  heart  of  sympathy  has  been  moved  within 
them.  The  open  and  avowed  advocates  of  peace, 
in  the  various  classes  of  society,  have  increased  an 
hundred  fold,  and  the  increase  of  boldness,  intellec- 
tual power,  and  consistent  zeal  has  corresponded  tq 


53 


418 


CONGRESS  OF  NATIONS. 


74 


the  augmentation  of  numbers.  And  why  should  we 
not  expect  it  to  be  thus,  when  any  considerable  body 
of  men  is  brought  to  reflect  on  the  subject?  What 
source  of  misery,  which  is  under  the  direction  and 
control  of  man  himself,  can  be  compared  to  this? 
When  some  terrible  disease  advances  from  country 
to  country,  when  the  seeds  of  the  pestilence  are 
scattered  abroad  by  the  Almighty,  it  becomes  us  to 
bow  in  submission  and  to  hide  ourselves  in  the  dust 
before  that  holy  Being  who  knows  our  ill  deserts,  and 
whose  secret  ways  are  inscrutable  to  man.  But,  in 
the  devastations  of  war,  it  is  not  an  almighty  Being, 
whose  prerogatives  we  are  not  at  liberty  to  question, 
but  one  of  the  feeble,  erring  creatures  of  his  footstool, 
that  seizes  the  burning  thunderbolt,  and  scatters  it 
through  the  world.  And  what  renders  the  act  the 
more  astonishing,  it  is  not  the  mere  impulse  of  an 
unforeseen  frenzy,  the  ebullition  of  a momentary 
madness,  but  a matter  of  calculation  and  cool  reason- 
ing, and  carried  on  in  the  very  face  of  Heaven,  and 
in  defiance  of  the  divine  precept,  “ Thou  shalt  love 
thy  neighbor  as  thyself.” 

But  it  is  well  ordered  in  providence,  that  criminal 
principles  and  practices  do  not  fail  to  expose  them- 
selves, and  ultimately  to  work  their  own  cure.  The 
cries  of  widows  and  orphans  had  been  heard  from 
every  quarter,  mingling  on  every  breeze,  but  they 
were  too  little  regarded.  The  symptoms  were  at 
last  observed  of  a great  political  commotion ; the 
clouds  came ; the  thunders  muttered ; the  lightnings 
gleamed;  there  was  a quaking  and  rocking  of  the 


75 


CONGRESS  OF  NATIONS. 


419 


earth,  and  then  there  suddenly  opened  the  grand 
volcano  of  the  French  Revolution  of  1790,  to  the 
wonder  and  bountiful  edification  of  all  the  advocates 
of  war.  At  that  dreadful  period,  there  were  certain 
experiments,  which  had  a wonderful  effect  in  enlight- 
ening the  sentiments  of  some  classes  of  people.  It 
was  found  that  the  glittering  sword  of  war  could  strike 
upward,  as  well  as  downward ; among  the  high  and 
the  mighty,  as  well  as  among  the  poor  and  powerless 
peasants.  The  scythe  fell  upon  the  neck  of  princes ; 
those,  who  had  been  clothed  in  purple  and  fine  linen, 
were  arrayed  in  beggar’s  rags  and  ate  their  crumbs  in 
a dungeon ; the  innocent  children  died  with  the  guilty 
fathers ; delicate  women,  the  delight  of  their  friends 
and  the  ruling  star  of  palaces,  were  smitten  by  the 
hand  of  the  destroyer,  and  bowed  their  heads  in  blood. 
And  then  were  beheld  the  hundred  guillotines,  the 
horrid  invention  of  the  fusillades,  the  drownings  in  the 
Loire,  the  dreadful  devastations  of  La  Vendee,  the 
gathering  of  armies  on  the  plains  of  Italy,  the  bridge 
of  Lodi,  and  the  battle  of  Marengo. 

These  were  the  beginnings  of  terrors,  the  opening 
of  the  incipient  seal ; but  the  end  was  not  yet.  For 
twenty  successive  years,  the  apocalypse  of  the  book 
of  war  opened  itself  from  one  end  of  Europe  to  the 
other,  and  on  the  ocean  as  well  as  on  the  land,  in  the 
thunders  and  fires  which  at  once  shook,  and  enlight- 
ened, and  awed  the  world,  of  the  Nile  and  Trafalgar, 
of  Jena  and  Austerlitz,  together  with  the  dashing  of 
throne  against  throne,  and  of  nation  against  nation. 
At  length  the  “ white  horse  of  death  ” was  seen  taking 


420 


CONGRESS  OF  NATIONS. 


76 


his  way  through  the  centre  of  Europe,  and  power  was 
given  to  him  to  kill  with  the  sword  and  with  hunger ; 
and  he  was  followed  by  “ the  beasts  of  the  earth,”  an 
army  of  live  hundred  thousand  soldiers;  and  they 
were  all  offered  up  as  victims  on  the  frozen  fields  of 
Russia ; and  the  Kremlin,  and  the  ancient  and  mighty 
city  of  Moscow  were  burnt  upon  their  funeral  pyre. 
The  earth  shook  to  its  centre;  a howling  and  a 
lamentation  went  up  to  heaven ; the  living  ate  the 
dead,  and  then  fed  upon  their  own  flesh,  and  then 
went  mad;  the  wolves  and  the  vultures  held  their 
carnival,  while  Rachel  wept  for  her  children,  and 
would  not  be  comforted.  Nevertheless,  the  sickle  of 
the  destroyer  was  again  thrust  among  the  clusters ; 
the  wine-press  of  war  was  trodden  at  Dresden,  and 
Leipsic,  and  Waterloo,  till  the  blood  “came  out  of  the 
wine-press,  even  to  the  horse-bridles.” 

After  these  dreadful  convulsions  were  brought  to  a 
consummation,  men  began  to  pause  and  reflect. 
They  witnessed  around  them  a perpetual  desolation ; 
the  noble  and  the  mighty  fallen  from  their  high  places ; 
the  poor  made  poorer,  and  ground  into  dust  by 
taxation ; families  of  all  ranks  mourning  the  loss  of 
husbands,  brothers,  sons ; the  culture  of  the  earth 
interrupted,  and  the  once  happy  cottage  and  its 
vineyards  all  laid  waste.  And  they  very  naturally 
asked.  Why  is  all  this  1 Why  have  we  been  destroy- 
ing each  other,  and  making  ourselves  miserable  1 
Their  eyes  were  opened,  in  some  degree,  to  their  own 
dreadful  infatuation ; they  saw  and  they  lamented 
their  exceeding  folly  and  crime.  We  may  now  assert 


77 


CONGRESS  OF  NATIONS. 


421 


with  confidence,  although  there  is  an  infatuated  party 
in  Europe  in  particular,  who  are  doing  all  in  their 
power  to  urge  nations  once  more  into  the  dreadful 
career  of  violence  and  bloodshed,  that  the  great  mass 
of  reflecting  and  judicious  men  are  in  favor  of  peace ; 
they  shudder  at  the  thought  of  a renewal  of  the 
horrors  of  war;  they  behold,  in  such  renewal,  un- 
searchable misery  to  the  great  multitude  of  mankind, 
without  the  compensation  of  a single  benefit  to  any 
one,  excepting  a few  ambitious  chieftains,  who  are 
heartless  enough  to  place  the  paltry  glitter  of  their 
epaulets  in  the  balance  against  the  sighs,  and  groans, 
and  tears,  and  blood  of  agonizing  millions. 

Since  the  beginning  of  the  world,  there  has  never 
been  so  favorable  an  opportunity  for  a great  movement 
for  the  promotion  of  universal  peace.  There  is  a 
general  pause  among  the  nations,  an  awakened 
expectation,  an  earnest  hope  of  some  permanent 
good ; at  the  same  time  a doubt  and  hesitation  whither 
to  turn  their  course,  a fearful  looking  for  of  the  return 
of  past  evils,  with  a desire  to  avoid  them ; and,  if  we 
can  rightly  read  the  signs  of  the  times,  like  men  in 
great  perplexity,  who  know  not  where  to  place  the 
basis  of  their  hopes,  they  would  hail  the  proposition 
of  an  international  congress  as  a solace  for  the  past, 
and  a joyful  harbinger  for  the  future. 


422 


CONGRESS  OF  NATIONS. 


78 


CHAPTER  VIII. 

CONCLUDING  REMARKS, 

We  now  leave  the  subject  to  the  serious  and  judicious 
examination  of  all  classes  of  persons.  If  they  will  but 
recollect  the  relation  they  sustain  to  their  Creator  and 
the  human  race,  and  are  inspired  with  the  sentiments 
suitable  to  such  a consideration,  we  shall  not  fear  the 
results  of  their  examination.  We  are  not  ignorant 
that  the  heart  has  something  to  do  with  this  subject, 
as  well  as  the  intellect ; that  it  is  not  a mere  mathe- 
matical problem,  which  is  to  be  solved  solely  by  the 
plus  and  minus  of  the  head,  but  appeals,  in  part  at 
least,  to  the  instinctive  intuition  of  the  powerful  logic  of 
the  affections.  We  do  not  presume  to  ascertain  the 
duties  of  men,  as  we  would  investigate  the  properties 
of  a circle,  by  a process  of  pure  abstraction,  without 
an  infusion  of  our  own  feelings,  or  without  a consid- 
eration of  the  nice  and  variously  operating  sensibilities 
appropriate  to  human  nature.  If  a man  asks  for 
bread,  will  you  give  him  a stone  7 If  he  asks  a fish, 
Avill  you  give  him  a serpent  1 And  why  not  1 Is  it 
the  result  of  a cold  and  accurate  calculation,  or  simply 
because  you  are  yourself  a man,  and  feel  as  a man  ? 
This  is  the  inspiration  of  sentiment,  the  deduction  of 
the  heart ; and  we  do  not  hesitate  to  say,  that  on  this 
whole  subject, — not  only  that  of  a Congress  of 


79 


CONGRESS  OF  NATIONS. 


423 


Nations,  but  on  war  and  peace  in  general, — we  are 
bound  to  recognize,  and  cherish,  and  appeal  to  the 
prompt  and  unerring  intimations  from  that  source. 

In  quitting  this  subject,  however,  we  cannot  with- 
hold the  expression  of  the  hopes,  which  its  consider- 
ation tends  to  cherish.  There  are,  no  doubt,  obstacles 
which  force  themselves  on  the  attention,  but  there  are 
encouragements  still  more  obvious  and  decisive.  The 
necessities  and  sufferings  of  mankind,  the  inefficiency 
of  existing  means  of  redress,  the  experience  of  past 
ages,  the  deductions  of  reasoning,  the  prophetic 
anticipations  of  benevolence,  the  opinions  of  wise  and 
learned  men,  the  advancements  in  civilization  and 
freedom,  all  seem  to  point  in  one  direction ; all  seem 
to  be  verging  to  a common  centre.  Some  of  the 
grounds  of  encouragement  have  already  been  made 
the  topics  of  remark ; and  we  do  not  feel  at  liberty  to 
suppress  the  hopes  they  inspire.  Even  if  it  were  a 
delusion,  we  should  be  almost  inclined  to  indulge  it 
for  the  happiness  it  imparts ; but  it  is  not.  And  we 
have  the  more  reason  to  think  it  is  not  so,  when,  in 
connection  with  the  considerations  already  presented, 
we  take  into  view  the  encouragements  from  another 
and  far  higher  source.  We  cannot  easily  rid  our- 
selves of  the  impression,  that  the  religion  of  the  Bible, 
so  pure  and  beneficent  in  its  spirit,  imperiously 
requires  some  further  movements  and  developments  in 
the  societies  of  men,  which  can  be  realized  only  in  an 
established  Congress  of  Nations.  We  trust  that  no 
philanthropist,  however  he  may  have  been  cheered  by 
the  progress  of  society  for  some  ages  past,  will  permit 


424 


CONGRESS  OF  NATIONS. 


80 


himself  to  indulge  the  belief,  that  it  has  reached  the 
consummation  of  its  improvement.  It  is  certain,  that 
the  Bible  holds  out  far  more  cheering  prospects  than 
we  have  yet  been  permitted  to  witness ; the  more 
general  ditfusion  of  knowledge,  the  universal  restora- 
tion of  peace,  the  enlargement  of  a benevolent  spirit, 
the  liberation  of  the  prisoner,  the  increase  of  purity 
and  faith  throughout  the  world.  And  how  are  these 
cheering  results  to  be  secured  ? Not  only  by  prayer, 
reflection  and  action ; but  by  concert  of  prayer,  com- 
munication of  thought,  and  unity  and  concentration 
of  action  ; by  inducing  men  to  feel,  to  reason,  and  to 
strive  together.  Is  not,  then,  a Congress  of  Nations 
one  of  the  means  which  Providence  and  the  word  of 
God  clearly  point  out  ? 

In  our  estimation,  such  an  assembly  would  be  the 
most  pleasing  and  decisive  commentary  on  the  puri- 
fying influences  of  the  gospel,  from  which  influences 
alone,  as  felt  in  the  conduct  of  Christians,  in  conver- 
sation, and  in  the  well-wrought  issues  of  the  press,  it 
would  result.  It  would  present  itself  as  an  object, 
fitted  to  enlist  the  regards  of  all  men.  The  philoso- 
pher would  mark  it,  and  pronounce  it  good.  The 
Christian  in  all  countries,  from  his  home  on  Alpine 
heights,  and  from  his  dwelling-place  in  the  humble  val- 
ley, in  the  secret  chambers  of  religious  meditation,  and 
in  the  companies  of  the  noisy  and  restless  world,  would 
turn  his  eye  to  this  grand  assembly,  and  feel  that 
prophecy  is  fulfilled. 

Let  us  indulge  the  inspiration  of  so  great  a theme. 
Let  us  place  before  us  this  universal  parliament,  which 


81  CONGRESS  OF  NATIONS.  425 

contains  in  itself  the  extract  and  the  essence  of  the 
wisdom  of  all  climes.  And  how  gloriously  it  strikes 
upon  the  sense,  and  amplifies  and  fills  the  imagina- 
tion ! When  the  rude  Gauls  entered  the  city  of 
Rome,  and  saw  the  venerable  senators  seated  in 
silence  to  receive  them,  they  were  filled  with  admira- 
tion at  the  dignity  of  their  appearance.  They  read, 
in  their  staid  countenances,  and  motionless  lips,  and 
marble  brows,  a stem  integrity,  and  a patriotic  devoted- 
ness to  their  fallen  country;  and  the  hearts  of  the 
barbarians  were  strongly  moved. 

But  the  Congress  of  Nations  is  not  a silent  assem- 
bly ; it  speaks  to  the  sight,  but  it  speaks  to  the  ear 
also.  And  in  what  a voice ! With  what  depths  of 
research  and  learning ! With  what  profound  and 
harmonious  eloquence ! England  sends  her  Fox  and 
Pitt,  her  Cannings  and  Broughams ; France,  her 
Foys  and  Manuels  and  Constants;  Prussia,  her 
Hardenberg ; regenerated  Spain,  her  Arguelles ; and 
our  own  beloved  America,  her  Franklins  and  JefFer- 
sons,  her  Madisons  and  Marshalls.  Would  not  such 
an  assembly  command  the  attention  of  the  world; 
that  broad,  deeply  interested  world,  which  they  would 
have  for  their  audience  ! Would  not  the  voice  of  war, 
always  ready  to  break  out  in  threatenings  and  blood, 
grow  silent  at  their  frown ! Would  not  wisdom  em- 
anate from  their  lips,  which  would  enlighten  the 
obscurities  of  public  law,  and  spread  an  effulgence 
over  the  too  long  perplexed  and  darkened  pathway  of 
nations ! As  in  ancient  times,  distinct  and  powerful 


54 


426 


CON^GRESS  OF  NATIONS. 


82 


communities  resorted  to  the  senate  of  Rome  for  the 
settlement  of  their  difficulties,  we  should  now  see 
nations,  powerful  in  arts  and  in  arms,  resorting  to 
them  for  their  advice ; but  they  would  come  to  a purer 
and  more  exalted  tribunal.  Their  jarring  differences 
are  settled ; their  drawn  swords  are  returned  to  the 
scabbard  ; and  they  go  back  to  their  hills  and  valleys, 
their  vines  and  their  fig  trees ; and  beside  the  cool 
fountain  and  the  overarching  shade,  and  around  the 
domestic  hearth,  no  longer  visited  by  sudden  and 
cruel  alarms,  they  celebrate  the  dominion  of  peace, 
and  the  triumph  of  universal  justice. 


ESSAY 

ON  A 

CONGRESS  OF  NATIONS, 


FOR  THE  ADJUSTMENT  OF  INTERNATIONAL  DISPUTES,  AND  FOR  THE 
PROMOTION  OF  UNIVERSAL  PEACE,  WITHOUT 
RESORT  TO  ARMS. 


BY  A FRIEND  OF  PEACE. 


. -f-  n:- 


' •(<■•#.  /■  ;i’i. ' mt<i  --(O  ■;’'»iJI'.*'x'''.'.;’i|,^  ^r'.;  t' Iff  »'T 

:■  f, 


ESSAY. 


To  attempt  the  overthrow  of  a custom  like  that  of 
war ; to  undertake  to  change  the  fixed  order  of  things, 
and  to  introduce  a substitute  exactly  the  reverse,  and 
most  novel  in  its  kind,  seems  visionary  indeed.  But 
when  we  consider  the  progress  of  the  human  mind ; 
the  improvements  in  the  moral  and  political,  as  well 
as  in  the  physical  world;  the  abolition  of  various 
barbarous  and  inveterate  customs ; the  incongruity  of 
war  with  civilization  and  refinement ; and,  above  all, 
the  positive  declaration  of  Scripture,  that  wars  shall 
cease;  we  may  gird  ourselves  for  the  great  task 
before  us  with  every  prospect  of  success. 

In  an  Essay  like  the  present,  it  would  be  highly 
desirable  to  bring  vividly  before  the  mind  the  countless 
and  terrible  evils  of  war,  to  excite  the  proper  feelings 
with  regard  to  the  remedy  to  be  proposed.  But  a 
volume  would  scarcely  suffice  to  give  even  an  index 
of  those  evils, — the  immense  sacrifice  of  life,  and 
property,  and  happiness,  and  prosperity ; the  fearful 
increase  of  vice,  and  crime,  and  barbarism,  and  ills  of 


430 


CONGRESS  OF  NATIONS. 


4 


every  kind,  that  cluster  in  the  trail  of  the  mighty 
ravager.  Suffice  it,  then,  to  consider  the  means  of 
preventing  those  evils, — evils  admitted  and  deplored 
by  all,  and  which,  therefore,  need  the  less  to  be 
portrayed. 

I shall  not,  in  this  Essay,  deny  that  it  is  lawful  for 
nations  to  insist  on  the  security  of  their  rights.  I shall 
not  propose,  as  the  present  substitute  for  war,  the 
doctrine  of  national  non-resistance.  I know  full  well 
that,  in  the  existing  state  of  society,  such  a proposition 
would  render  the  very  efforts  in  favor  of  peace  an 
abortion.  Nations,  for  the  present  at  least,  will  insist 
on  their  rights,  and  obtain  them  by  force,  unless  they 
can  have  them  by  other  means.  And  so  will  individ- 
uals in  general,  whatever  may  be  the  case  with  the 
few.  Now,  as  in  the  case  of  individuals  the  means  of 
the  adjustment  of  their  difficulties  are  provided,  with- 
out resort  on  their  part  to  violence,  so  let  it  be  in  the 
case  of  nations.  For  want  of  something  of  the  kind, 
in  the  latter  case,  war  has  continued,  while  private 
conflict  has  been  in  a great  measure  prevented.  It 
will,  therefore,  be  my  great  aim,  to  show  in  what 
manner  the  rights  of  nations  can  be  at  least  as  well 
secured  without  war  as  with  it.  This  shown,  the 
plea  for  its  necessity  is  removed,  and  its  abolition 
insured. 

And  at  the  very  outset  of  the  inquiry,  it  strikes  me 
as  one  of  the  clearest  cases  conceivable,  that  nations 
that  are  parties  to  a dispute  should  not  also  be  judges, 
but  should  refer  it  to  a third  party,  as  is  done  in 
the  case  of  individuals; — and  for  the  very  obvious 


5 


CONGRESS  OF  NATIONS. 


431 


reason,  that  an  interested  party  should  not  be  judge 
in  its  own  case. 

But  here  arises  a very  natural  objection,  viz., 
whether  the  decision  of  this  third  party  would  always 
be  correct.  Perhaps  not  always ; but  it  would  be  far 
more  likely  to  be  so,  than  if  made  by  either  of  the 
parties  concerned,  or  by  an  appeal  to  the  sword. 
For  what  justice  is  there  in  prejudice  and  passion? 
What  reason  in  physical  force?  Suppose,  then,  a 
correct  decision  should  not  always  be  made,  it  cannot 
be  doubted  that  it  would  be  made  much  more  gener- 
ally than  it  is  now ; nor  will  it  be  denied,  that  were  it 
to  be  made  no  oftener,  it  would,  nevertheless,  be  the 
duty  of  nations  to  adopt  this  method,  rather  than  that 
of  war.  Individuals  are  not  always  sure  of  justice, 
and  yet  they  refer  their  disputes  to  others,  rather  than 
resort  to  private  war.  How  much  more  ought  nations 
to  do  this,  rather  than  resort  to  public  war,  an  evil  so 
much  greater  than  the  other ! 

War  pays  no  regard  to  the  merits  of  a case.  Its 
rule  is  might,  not  right.  But  arbitration  has  respect 
to  those  merits.  Again:  the  stronger  party  being- 
more  likely  than  the  weaker  to  be  the  aggressor,  a 
resort  to  war  renders  it  probable  that  the  injured  party 
will  receive  additional  injury,  instead  of  obtaining 
redress ; whereas,  by  arbitration,  redress  would  most 
likely  be  obtained.  In  cases  where  the  two  parties 
are  nearly  equal  in  strength,  they  generally  decide 
nothing  by  resort  to  war,  and  both  receive  great 
injury.  Arbitration,  in  such  cases,  would  effect  a 
decision,  and  prevent  the  injury.  In  cases  where  the 


432 


CONGRESS  OF  NATIONS. 


6 


Stronger  is  the  injured  party,  although  redress  is 
generally  obtained  by  war,  how  hard  the  way  of 
obtaining  it!  Justice,  to  be  complete,  should  be 
obtained  without  such  a sacrifice ; and  arbitration 
would  accomplish  this  end.  War,  by  which  the 
parties  dictate  to  each  other,  and  endeavor  to  enforce 
their  dictation,  is  an  infringement  of  the  independence 
of  nations.  Arbitration  respects  this  independence, 
by  offering  nothing  but  friendly  counsel.  War  affbrds 
the  strong  an  opportunity  to  oppress  the  weak,  and 
the  ambitious  to  pursue  their  schemes  of  conquest 
and  aggrandizement.  Arbitration  is  the  best  possible 
protection  of  the  defenceless.  In  short,  every  reason 
that  can  be  urged  in  favor  of  individual  arbitration, 
and  against  individual  violence,  can  be  pressed  with 
as  much  greater  force  in  favor  of  international  arbitra- 
tion, and  against  war,  as  the  evils  of  war  exceed  in 
number  and  magnitude  those  resulting  from  individual 
violence. 

It  will  be  urged,  that  nations  and  individuals  are 
differently  circumstanced,  the  latter  being  mere  sub- 
jects of  government,  the  former  independent  and 
supreme ; and  that  it  would  be  derogatory  to  their 
independence  and  supremacy,  to  submit  their  disputes 
to  the  umpirage  of  third  parties.  But  in  what  sense 
are  nations  supreme!  Surely  they  are  not  above 
moral  obligation.  They  are  not  independent  of  the 
law  of  nations.  They  are  not  at  liberty  to  encroach 
on  the  rights  of  others,  nor  even  on  the  rights  of  the 
humblest  of  their  own  citizens.  Each  nation  is  one 
of  the  community  of  nations,  and  is  under  certain 


7 CONGRESS  OF  NATIONS.  433 

obligations  to  the  rest.  No  nation  can  therefore  be 
said  to  be  absolutely  independent  and  supreme.  Now, 
nations,  being  under  certain  obligations,  and  being 
composed  of  frail  and  fallible  human  beings,  are  liable 
to  do  wrong ; in  which  event,  there  is  all  the  need  of 
arbitration  that  exists  in  the  case  of  individuals. 

We  have  now,  I think,  established  two  propositions 
on  an  immovable  basis ; viz.,  that  the  most  probable 
way  of  ascertaining  which  is  the  aggrieved  party  in 
an  international,  as  well  as  in  an  individual  dispute,  is, 
to  refer  it  to  a third  party ; and  that  nations,  as  well 
as  individuals,  being  fallible  and  frail,  can,  consistently 
with  true  dignity,  refer  their  disputes  in  this  manner. 

But  it  is  not  merely  the  principle  of  national 
reference  and  arbitration  that  we  are  to  consider ; we 
are  likewise  to  inquire  into  the  best  mode.  And  here 
too,  we  are  furnished  with  a precedent  in  the  case  of 
society. 

In  the  infancy  of  the  world,  each  individual,  as  we 
will  suppose,  was  his  own  sovereign,  and  judged  for 
himself.  This  state  of  things  produced  perpetual 
collision  and  strife,  and  “ the  earth  was  filled  with  vio- 
lence.” As  a remedy  for  this  intolerable  state  of  things, 
men  resorted  to  arbitration,  referring  their  disputes 
to  temporary  arbitrators,  selected  for  each  occasion. 
This  expedient,  though  far  preferable  to  personal  vio- 
lence, was  found  by  experience  to  need  improvement, 
inasmuch  as  the  decisions  of  arbitrators  were  gov- 
erned, not  by  any  settled  rules,  known  and  recognized 
beforehand  by  the  parties,  but  by  their  own  views  of 
right  and  wrong,  which  was  tantamount  to  ex  post  facto 


55 


434 


CONGRESS  OF  NATIONS. 


8 


law.  Tlie  very  obvious  improvement  next  suggested 
itself,  to  establish  rules  or  laws  for  the  regulation  of 
society,  by  which  each  individual  might  know  before- 
hand how  he  was  required  to  deport  himself,  and  be 
judged  accordingly.  But  as  new  cases  were  contin- 
ually arising,  to  which  the  existing  laws  were  inappli- 
cable, it  became  necessary,  from  time  to  time,  to  make 
additions  to  the  laws,  in  order  to  meet  those  cases. 
These  laws  were  variously  enacted ; in  some  instances 
directly  by  the  assemblies  of  the  people,  in  others  by 
their  elected  representatives,  and  in  others  by  their 
sovereigns.  It  was  at  length  found,  that  laws  them- 
selves were  liable  to  various  interpretations  by  different 
individuals,  thus  leaving  men  still  without  a sure  guide 
to  their  conduct.  This  led  to  the  final  step,  the 
finishing  touch,  in  jurisprudence — the  establishment 
of  permanent  courts  of  judicature,  whose  special 
business  was  to  trace  the  windings  and  explain  the 
intricacies  of  law,  and  to  form,  by  an  unerring  body 
of  precedents,  a rule  of  duty  more  clear  than  any 
mere  law  could  be. 

By  the  foregoing  view  of  the  nature  of  law,  and 
the  experience  of  mankind  on  the  subject,  we  per- 
ceive at  once  the  most  eligible  mode  of  arbitration  for 
nations.  After  all  the  attainments  of  men  in  the 
science  of  government;  after  having  carefully  felt 
their  way,  step  by  step,  to  the  proud  eminence 
whereon  they  stand ; they  surely  need  not  make  the 
long  and  weary  pilgrimage  again,  in  their  international 
capacity.  At  a single  stride,  they  may  rise  at  once 
from  the  international  barbarism  of  brute  force,  to  the 


9 


CONGRESS  OF  NATIONS. 


435 


international  refinement  of  a tribunal,  to  digest  and 
prepare  a regular  code  of  international  law  for  the 
observance  of  nations,  and  to  determine  by  that  law 
the  merits  of  their  disputes. 

If  it  is  indispensable  to  society,  that  civil  law  be 
expressed  in  the  form  of  a code,  how  great  the  neces- 
sity of  having  an  international  code.  “ The  law  of 
nations,”  says  Vattel,  “is  as  much  above  the  civil  law 
in  its  importance,  as  the  proceedings  of  nations  and  sove- 
reigns surpass  in  their  consequences  those  of  private 
persons.”  How  plain,  how  explicit,  then,  ought  the  law 
of  nations  to  be ! How  guarded  at  every  point ! How 
well  established  its  principles  ! And  what  but  a Con- 
gress of  Nations  can  place  it  in  this  condition  ? 

iVlready  is  there  existing  what  is  denominated  the 
law  of  nations.  But  it  is  far  indeed  from  meeting 
their  exigences.  In  the  first  place,  it  is  unlike  any 
thing  else  denominated  law,  being  but  the  general 
opinion  as  to  the  propriety  or  impropriety  of  certain 
acts  of  one  nation  towards  another ; just  as  it  would 
be  in  society  were  there  no  laws,  and  no  standard  of 
duty  but  public  opinion.  Nations,  then,  after  all  we 
hear  relative  to  this  law  of  theirs,  are  precisely  in  the 
condition  of  a community  having  no  code  of  law. 
They  have,  indeed,  certain  admitted  principles  of 
national  rectitude,  as  a community  without  law  would 
have;  but  these  admitted  principles  are  few,  the 
writers  on  the  law  of  nations  disagreeing  on  many 
points,  and  leaving  many  others  wholly  unprovided 
for.  Nor  is  this  a matter  of  wonder.  Nay,  it.  would 
be  a subject  of  profound  astonishment,  were  it 


436 


CONGRESS  OF  NATIONS. 


10 


Otherwise.  Just  consider  the  nature  of  the  case. 
No  mere  individual  is  competent  to  the  production 
of  a code  of  law  satisfactory  in  all  respects  to  a single 
nation.  The  concentrated  wisdom  of  the  nation  is  put 
in  requisition  for  this  purpose,  and  even  this  is  scarcely 
sufficient.  How',  then,  is  it  to  be  expected,  that  any 
one  writer  on  the  law  of  nations  can  produce  a satis- 
factory code  of  this  description  1 As  the  congregated 
Avisdom  of  a nation  is  requisite  to  form  a suitable  code 
of  law  for  itself,  so  the  congregated  wisdom  of  the 
world  is  requisite  to  the  formation  of  a code  for  itself 
— and  equally  necessary  to  the  w^eight  and  authority 
of  that  code.  Hence  the  difference  of  opinion 
between  the  Avriters  on  the  law  of  nations,  and  the 
difference  of  reception  with  which  their  writings  meet 
in  different  countries.  Most  assuredly,  then,  if  nations 
are  to  have  an  international  law  or  rule,  — nations, 
Avhose  interests  differ  as  widely  as  their  localities, — it 
needs,  I think,  no  additional  argument  to  prove,  that 
they  need  a tribunal,  composed  of  delegates  from  all 
parts  of  the  Avorld,  to  digest  and  prepare  a well- 
balanced  code,  and  to  explain  and  apply  it,  from  time 
to  time,  as  occasion  may  require.  And  do  they  not, 
in  their  recognition  of  Avhat  they  denominate  the  law 
of  nations,  virtually  admit  their  obligations  to  one 
another,  and  the  consequent  propriety  of  a specific 
code  designating  those  obligations? — and  of  a com- 
petent tribunal  to  prepare,  expound,  and  apply  it  ? 

It  will,  perhaps,  be  objected,  that  such  a tribunal 
might  be  partial.  Partial  to  whom?  Would  not  all 
the  nations  recognizing  its  jurisdiction  be  represented  ? 


11 


CONGRESS  OF  NATIONS. 


437 


Would  there  not  be  a balance  of  interest?  a balance 
of  power  ? an  equilibrium  in  every  respect  ? It  would 
be  no  coalition  of  despots  against  the  rights  of  man, 
no  self-created  umpire,  dictating  to  those  who  did  not 
recognize  its  authority,  and  exercising  powers  with 
which  it  was  never  invested.  But  it  would  be  the 
representative  body  of  the  nations  composing  it.  As 
well,  therefore,  might  it  be  contended,  that  the  Con- 
gress of  these  United  States,  composed  of  represent- 
atives from  every  state,  would  be  likely  to  incline  to 
partiality  in  favor  of  a particular  state  against  another. 
Perhaps  it  will  be  said,  that  the  United  States’  Con- 
gress, that  is  a majority,  is  partial  in  certain  respects. 
Admitted,  for  argument’s  sake.  Yet,  notwithstanding 
this  supposed  partiality,  is  it  not,  on  the  whole,  con- 
sidered better  to  have  a congress,  than  not  to  have 
one?  Why  then  should  this  objection  be  urged 
against  the  establishment  of  an  international  congress  ? 
and  the  more  especially,  when  the  character  of  the 
individuals  who  would  compose  it,  and  the  circum- 
stances under  which  they  would  be  placed,  are  duly 
considered.  It  is  not  to  be  supposed  that  nations, 
engaged  in  such  an  enterprise  as  the  preservation  of 
the  peace  of  the  world,  an  object  the  most  sublime 
and  godlike  that  was  ever  conceived  by  man,  would 
depute  for  its  execution  men  who  would  stoop  to 
shuffling  and  intrigue.  No ! They  would  commit 
this  mighty  work  to  the  master-spirits  of  earth ; to 
their  Franklins,  their  Broughams,  their  Broglies. 
Think  ye,  there  would  be  bribery,  intrigue  and  par- 
tiality in  such  a tribunal?  Think  ye,  that  by  the 


438 


CONGRESS  OF  NATIONS. 


12 


consent  of  such  men,  with  their  reputation  at  stake 
before  the  whole  world,  before  all  succeeding  gen- 
erations, one  nation  would  be  permitted  to  outrage 
the  rights  of  another?  So  far  from  this,  such  a 
tribunal  would  be  the  greatest  possible  safeguard  to 
those  rights ; so  much  so,  that  the  principal  obstacle 
to  its  establishment  will,  no  doubt,  be  found  to  consist 
in  the  opposition  of  those  who  wish  for  an  opportunity 
still  to  gratify  their  ambition  by  war  and  conquest. 

There  cannot  be  a doubt,  that  the  proposed  Con- 
gress would  be  the  most  distinguished  for  impartiality 
and  justice,  of  any  tribunal  on  the  wide  earth.  If 
men  could  not  confide  in  this  Congress,  they  could 
not  consistently  confide  in  any  tribunal  under  heaven ; 
could  not  consistently  commit  their  government  to 
the  hands  of  rulers ; could  not  consistently  live  to- 
gether in  communities,  and  confide  in  one  another. 
If  any  earthly  tribunal  that  can  be  conceived  would 
be  worthy  of  confidence ; if  nations  can  confide  in 
civil  government ; if  man  can  trust  man ; then  would 
our  Congress  of  Nations  be  entitled  to  their  highest 
consideration.  There  might,  it  is  true,  even  in  so 
august  a tribunal,  be  the  influence  of  conflicting 
interests.  It  might  be  for  the  interest  of  one  nation 
to  decide  a dispute  one  way,  and  another  another. 
This  would  hold  in  suspense  the  scales  of  justice,  till 
the  honor  and  integrity  of  the  disinterested  nations 
would  add  their  overwhelming  weight  to  the  balance, 
which  would  quickly  swing  aloft  the  opposing  scale. 
How  is  it  that  nations  do  not  now  become  partisans 
in  every  dispute  between  belligerent  nations  ? Have 


13 


CONGRESS  OF  NATIONS. 


439 


we,  in  all  our  international  difficulties,  had  the  least 
cause  of  complaint  in  this  respect  against  neutral 
nations,  on  the  ground  of  our  political  institutions  ? 
Have  we  not  referred  certain  disputed  points  between 
the  British  monarchy  and  ourselves  to  royal  and 
imperial  decision  ? — to  the  decision  of  one  crowned 
head  alone,  with  no  balance  of  interest  to  insure  im- 
partiality 1 Have  the  South  American  republics  been 
compelled  by  the  monarchies  of  the  world  to  succumb 
to  monarchical  Spain  ? Is  not  Switzerland  permitted, 
in  the  very  heart  of  monarchical  Europe,  to  pursue 
unmolested  her  own  republican  course?  Something 
then,  whether  it  is  the  balance  of  interest,  or  the 
balance  of  prejudice,  or  whatever  it  may  be ; some- 
thing makes  the  nations  of  the  earth  generally  im- 
partial in  the  cases  of  belligerent  nations,  and  secures 
a righteous  verdict  in  the  chancery  of  mankind. 

A council  composed  of  the  statesmen,  the  sages,  the 
master-minds  of  earth,  having  nought  to  divide  their 
attention,  and  acting  in  accordance  with  a well- 
digested  code,  would  be  as  much  superior  to  a tem- 
porary, individual  arbitrator,  looking  uncounteracted 
to  his  own  interest,  burthened  with  the  affairs  of 
state,  and  having  to  form  a decision  under  the  dis- 
advantage of  unsettled  principles  of  international  law, 
as  can  well  be  conceived. 

The  establishment  of  a system  of  international 
arbitration,  and  of  a Congress  of  Nations,  would  like- 
wise have  great  advantages  over  mere  temporary 
arbitration  in  other  respects.  Let  it  be  the  under- 
standing, that  nations  are  uniformly  to  refer  their 


440 


CONGRESS  OF  NATIONS. 


14 


disputes,  and  let  there  be  a tribunal  established  to 
which  to  refer  them,  and  the  various  powers  would 
then  feel  safe  in  making  a great  reduction  of  their 
naval  and  military  forces,  and  arbitration  would  be 
resorted  to  without  waiting  for  war  to  commence. 
Whereas,  without  any  such  system  and  organization, 
arbitration  being  only  occasional,  it  is  seldom  resorted 
to  till  after  the  commencement  of  hostilities,  and  then 
but  occasionally,  just  as  chance  or  caprice  may  happen 
to  direct.  Under  such  circumstances,  peace  cannot 
be  insured.  Governments  will  not  feel  safe  in 
reducing  their  forces,  and  thus  will  the  war-system 
continue. 

I have  now,  as  I conceive,  established  an  additional 
point  in  this  investigation,  viz.,  that  nations  should  not 
only  refer  their  disputes  to  arbitration,  but  that  they 
should  have  a regularly  organized  tribunal  for  that 
and  other  kindred  purposes. 

But  can  they  be  induced  to  adopt  this  measure  ? 
Admitting  it  to  be  reasonable,  to  be  desirable,  to  be 
altogether  for  the  best,  will  mankind,  all  depraved  as 
they  are,  consent  to  such  an  arrangement?  I shall 
undertake  to  maintain  the  affirmative  of  this  question. 

We  find  in  society  laws  for  the  promotion  of  the 
common  weal,  with  penalties  annexed  to  their  trans- 
gression, and  force  sufficient  to  inflict  those  penalties. 
We  find  tribunals  for  the  adjustment  of  individual 
disputes,  and  all  but  a few  recreants  appealing  to 
them,  instead  of  force,  for  this  purpose.  We  find 
hospitals  for  the  sick,  asylums  for  the  unfortunate, 
schools  and  universities  for  children  and  youth,  and, 


15  CONGRESS  OF  NATIONS.  441 

in  short,  institutions  of  numerous  sorts,  looking  to  the 
benefit  of  human  kind.  And  when  we  consider  men 
' in  their  international  capacity,  also,  we  find  them 
binding  themselves  by  treaties ; recognizing  certain 
principles  as  the  law  of  nations ; securing  to  small 
states  their  independence ; preserving  the  balance  of 
power ; and,  above  all,  occasionally  referring  to  arbi- 
tration their  cases  of  dispute,  and  actually  holding 
occasional  Congresses  of  Nations  on  a limited  and 
imperfect  scale. 

It  will  be  objected,  that  though  this  state  of  things 
has  obtained  in  society,  and  among  nations,  yet,  that 
war  still  continues ; thus  proving,  that  the  principle 
that  has  accomplished  so  much,  is  unequal  to  the  task 
now  proposed.  But  this  objection  overlooks  the 
progress  of  improvement.  It  very  incorrectly  as- 
sumes, that  whatever  is  not  already  accomplished, 
never  will  be.  It  forgets  the  many  barbarous  and 
inveterate  customs  of  long  standing  that  have  been 
abolished ; that  formerly,  men  fought  with  wild  beasts, 
and  cut  one  another  to  pieces  by  thousands,  for  the 
amusement  of  the  public ; that  individuals  were  wont, 
as  nations  are  now,  to  settle  their  disputes  by  combat ; 
that  petty  wars  between  noblemen  were  almost  con- 
tinually occurring,  thereby  keeping  whole  countries  in 
a state  of  agitation  and  distraction ; that,  for  the  trial 
of  title  to  real  estate,  personal  combat  was  resorted 
to ; that  the  test  of  innocence,  in  relation  to  crime, 
was  made  to  consist  in  holding  in  the  hand,  uninjured, 
a red-hot  iron,  walking  blindfold  and  barefoot  over 
nme  red-hot  ploughshares  placed  at  unequal  dis- 


$6 


442 


CONGRESS  OF  NATIONS. 


16 


tances,  or  plunging  the  arm  to  the  elbow  in  boiling 
water;  that  nations  sanctioned  the  slave-trade;  that 
war  itself  was  attended  with  circumstances  of  horror 
and  calamity  which  rendered  it  a double  curse,  such 
as  the  massacre  and  enslaving  of  prisoners,  the  savage 
tortures  inflicted  on  them,  the  captivity  of  peaceful 
citizens,  with  a long  train  of  kindred  evils ; that  even 
religion  was  propagated  with  fire  and  sword,  and 
men  were  burnt  for  opinion’s  sake ; and  that  mon- 
archs  knew  neither  constitution  nor  law,  but  held  in 
their  own  hands  the  destiny  of  their  subjects. 

If,  in  the  progress  of  things,  such  changes  have 
been  wrought  as  the  abolition  of  these  customs,  why 
may  we  not  expect  the  abolition  of  the  custom  of  war? 
There  was  not  one  of  them,  the  abolition  of  which, 
when  in  its  full  strength,  seemed  not  impracticable. 
Without  doubt,  those  were  considered  visionaries  who 
suggested  its  practicability.  And  particularly  with 
regard  to  two  of  these  customs,  they  were,  in  almost 
all  respects,  under  circumstances  similar  to  those  of 
war.  The  “barons  bold”  might  have  urged  the 
various  objections  against  the  reference  of  their 
disputes  to  arbitration,  which  are  now  urged  in  the 
case  of  nations.  They  might  have  said  — they 
doubtless  did  say  — that  it  would  be  a sacrifice  of 
their  independence,  a surrendry  of  their  rights,  a 
compromise  of  their  dignity,  to  refer  their  disputes ; 
that,  perchance,  the  arbitrators  would,  through  mistake 
or  partiality,  make  wrong  decisions,  and  so  on.  And 
private  individuals,  too,  might  have  said  the  same  in 
their  cases.  Indeed,  we  are  informed  that  when 


17 


COIfGRESS  OF  NATIONS. 


443 


Alfred  the  great  had  expelled  the  Danes  from  his 
dominions,  he  found  his  subjects  little  better  than  a 
community  of  robbers.  One  plundered  another,  and 
the  latter  plundered  the  former,  by  way  of  obtaining 
satisfaction.  Individuals  settled  their  difficulties  by 
physical  force.  And  Alfred  found  all  the  obstacles 
in  the  way  of  establishing  juries  for  the  trial  of  those 
difficulties,  that  are  now  in  the  way  of  establishing  a 
tribunal  for  the  adjustment  of  international  disputes. 
The  plan  was  deemed  impracticable  and  visionary, 
and  men  were  fearful  that  they  should  not  always 
obtain  justice.  Even  after  the  establishment  of  juries 
by  Alfred,  it  was  long  before  their  verdict  was  decisive, 
in  all  instances.  In  important  cases,  the  accused 
might  still  appeal  to  Heaven,  by  the  ordeal  of  fire  and 
water ; and  under  the  Norman  government  of  Eng- 
land, he  might  challenge  his  accuser,  or  the  witness, 
nay,  even  the  judge,  and  decide  the  cause  by  what 
was  denominated  the  judicial  combat.  Thus  might 
the  guilty  add  glory  to  his  crime  and  fresh  injury  to 
that  for  which  he  stood  accused,  by  taking  the  life  of 
his  accuser, — precisely  as  nations  do,  by  resorting  to 
war  for  the  settlement  of  their  difficulties.  And  how 
those  who  advocate  war  can  find  fault  with  duelling, 
it  is  difficult  to  conceive.  For  what  argument  can  be 
urged  in  favor  of  the  former,  that  is  not  urged  in  favor 
of  the  latter?  Will  it  be  said  that  duellists  might 
settle  their  disputes  by  law?  Nations,  too,  might 
have  law,  with  all  its  necessary  appendages,  and 
settle  their  disputes  in  the  same  manner.  Let  them, 
therefore,  cease  to  denounce  individual  duelling,  tiU 
they  themselves  abandon  national  duelling. 


444 


CONGRESS  OF  NATIONS. 


18 


There  are,  in  society,  two  modes  of  avoiding  indi- 
vidual conflict ; the  one  by  non-resistance,  the  other 
by  reference  of  disputes  to  third  parties.  Which  of 
these  modes  is  the  better  one,  either  for  individuals 
or  nations,  I say  not  here ; but,  as  has  been  already 
observed,  it  must  be  obvious  that,  as  mankind  are,  the 
principle  of  non-resistance  will  not  be  adopted  by 
individuals  in  general,  or  by  nations  at  all.  Their 
rights  they  will  insist  upon,  and,  unless  they  can 
obtain  them  by  other  means,  they  will  resort  to  force. 
Were  we  at  the  present  day  to  rely  upon  the  doctrine 
of  non-resistance  (how  right  soever  it  might  be)  for 
the  preservation  of  the  peace,  even  of  the  community, 
we  should  be  wofully  disappointed.  Individual  com- 
bat in  society  has  measurably  ceased;  not  because  one 
portion  of  it  submits  to  the  aggressions  of  another,  but 
because  a way  has  been  devised  to  secure  them 
against  aggression,  without  fighting.  And  this  is  the 
only  way  in  which  it  is  reasonable  to  suppose  nations 
will,  at  present,  desist  from  war.  It  is  in  vain  to 
expect  a whole  nation,  principally  composed  of  world- 
ly-minded men,  unresistingly  to  permit  another  to 
overrun  and  enslave  it.  Right  or  wrong,  it  will  not 
permit  this.  What  will  be  the  prevalent  sentiment  on 
this  point,  when  mankind  in  general  shall  have 
become  thoroughly  imbued  with  the  principles  of 
Christianity,  is  another  consideration.  But  men  will 
then  no  more  inflict  than  resist  evil,  and  wars  will 
cease  of  themselves.  The  same  may  be  said  of 
individual  combat,  and  every  moral  evil.  Yet,  till  the 
arrival  of  that  golden  age,  we  shall  need  temporary 


19 


CONGRESS  OF  NATIONS. 


445 


checks  for  those  evils, — and  we  apply  such  checks  to 
all  of  them,  excepting  war : why  should  we  wait,  in 
the  case  of  this  alone,  till  the  Millennium  ? But,  if  we 
would  accomplish  any  thing  in  this  respect,  we  must 
act  as  we  do  in  the  other  cases.  No  wonder  that 
the  project  of  universal  peace, — based  on  the  idea  of 
national  non-resistance,  in  the  present  state  of  the 
world,  when  the  propriety  of  that  principle,  even  in 
the  case  of  individuals,  is  not  generally  acknowledged, 
— should  be  deemed  visionary  and  impracticable,  and 
be  urged  to  so  little  purpose.  For  my  part,  I shall 
propose  no  such  measure,  as  a present  remedy  for 
war.  I shall  not  call  upon  nations,  as  a peace 
measure,  under  existing  circumstances,  to  demolish 
their  forts,  and  to  dismantle  their  fleets ; to  “ beat 
their  swords  into  ploughshares,  and  their  spears  into 
pruning-hooks.”  Well  do  I know  that  such  a call,  for 
the  present  purposes  of  the  cause  of  peace,  would  be 
altogether  useless.  I say  not  that  it  would  be  wrong. 
I say  not  that  it  is  not  the  duty  of  men  and  of  nations 
to  practise  non-resistance.  But  I say  that  whatever 
may  be  their  duty  in  this  respect,  it  is  premature  to 
expect  the  peace  of  society,  or  the  peace  of  the  world, 
to  be  now  preserved  by  this  means.  I therefore 
propose  a measure  of  a very  different  character ; a 
measure  open  to  no  possible  objection  that  could  not 
as  well  be  urged  against  all  law,  and  the  tribunals  of 
society.  And  here  I would  emphatically  ask  if  such 
a measure  is  impracticable.  I must  be  permitted  to 
dwell  a little  on  this  point,  for  it  is  the  grand  pivot  on 
which  the  whole  subject  turns,  and  the  great  obstacle 


446 


CONGRESS  OF  NATIONS. 


20 


of  discouragement  to  the  friends  of  peace.  Men  do 
not  attempt  enterprises  which  they  deem  impractica- 
ble, how  desirable  soever  they  may  consider  the 
objects  in  view.  While,  therefore,  the  idea  possesses 
the  public  mind  that  this  plan  is  impracticable,  nothing 
can  be  accomplished. 

There  is  a great  proneness,  in  the  minds  of  many, 
to  a kind  of  ultraism,  whereby  they  injure  a good 
cause,  by  embarrassing  it  with  what  does  not  legiti- 
mately belong  to  it.  Thus,  some  of  the  advocates  of 
peace  deem  it  necessary,  in  order  to  advance  the 
cause,  to  oppose  capital  punishment,  and  personal 
self-defence,  and,  in  short,  to  advocate  the  sentiment 
of  the  inviolability  of  human  life,  in  all  cases,  not 
excepting  that  of  robbers,  pirates  and  murderers.  I 
shall  not,  in  this  Essay,  discuss  these  points ; for, 
really,  they  have  nothing  to  do  with  the  subject. 
The  case  of  personal  self-defence  when  one  is 
attacked ; that  of  the  extirpation  of  robbers  and  pirates, 
who  are  outlaws,  and  who  are  out  of  the  pale  of 
human  society  ; and  that  of  enforcing  the  laws  of  the 
land  by  the  execution  of  the  murderer,  are  concerns 
very  different  from  the  disputes  of  nations,  who  are 
bound  one  to  another  by  treaties,  by  commercial 
relations,  and  by  acknowledged  obligations  of  various 
kinds.  All,  therefore,  that  I have  to  say  to  the 
objector,  who  asks  me  what  I would  do  if  attacked, 
and  what  I would  do  with  robbers  and  pirates,  is 
simply  this : that  those  cases  have  no  concern  with 
the  question  of  war  between  nations.  Robbers, 
pirates  and  murderers  cannot  be  treated  with ; they 


21 


CONGRESS  OF  NATIONS. 


447 


acknowledge  no  obligations  to  the  human  race.  Not 
SO  with  nations.  And  even  the  subjects  of  revolution 
and  civil  war  are  foreign  to  our  purpose.  It  is  not 
proposed  that  our  tribunal  interfere  with  the  internal 
concerns  of  any  nation.  We  merely  propose  that 
nations  settle  their  international  disputes  by  means  of 
an  international  tribunal,  without  war.  This  is  the 
simple  proposition  to  be  considered. 

If  the  question  could  be  put  individually  to  the 
whole  human  race,  there  can  be  no  doubt  that  a vast 
majority  would  be  found  in  its  favor.  The  reason 
why  the  great  body  of  the  people  sustain  their  rulers 
in  their  warlike  enterprises  is,  that  they  are  made  to 
believe  that  those  wars  are  forced  upon  them.  This 
belief  is  mutual,  being  holden  by  both  parties.  The 
interested  few,  who  obtain  wealth  and  distinction  by 
means  of  war,  have,  indeed,  different  reasons  for 
lending  it  their  support ; but  the  people  can  have  no 
other  reason,  every  thing  else  connected  with  a state 
of  hostilities  tending  directly  to  their  injury.  And 
they  are  not  such  simpletons  as  to  desire  a state  of 
things  which  involves  them  in  every  conceivable 
calamity.  They  barely  tolerate  war,  because  they 
suppose  it  cannot  be  avoided.  On  this  principle, 
many  eminent  and  benevolent  individuals  lend  it 
their  sanction.  Franklin,  Washington,  Jefferson,  and, 
indeed,  every  truly  great  and  benevolent  man,  wTo 
has  ever  sanctioned  war,  has  done  so  barely  on  the 
ground  of  its  supposed  necessity.  And  when  am- 
bitious rulers  wish  to  embark  in  it,  they  never  fail  to 
place  it  on  this  ground,  well  knowing  that  the  people 


448 


CONGRESS  OF  NATIONS. 


22 


would  not  sustain  them  on  any  other.  Napoleon 
himself,  when  the  sun  of  his  glory  was  at  its  meridian, 
— when  Europe  trembled  at  his  nod,  and  waited  his 
imperial  orders, — presumed  not  to  let  loose  upon  the 
nations  his  myrmidons  of  blood,  without  attempting 
to  prove  “his  quarrel  just.”  It  will  not,  then,  be 
disputed  that  no  ruler  would  dare  engage  in  war 
without  a plausible  excuse, — a plea  of  necessity. 
Now,  suppose  a Congress  of  Nations  to  be  proposed, 
with  all  its  advantages,  its  excellences,  its  tendency 
to  preserve  peace,  and  its  superiority  to  violence  with 
regard  to  the  security  of  the  rights  of  nations,  clearly 
delineated ; what  excuse,  let  me  ask,  could  any  ruler 
make,  for  declining  to  participate  in  its  establishment, 
and  to  refer  to  it  his  disputes?  Would  he  not,  by 
such  a course,  give  indubitable  evidence  of  his  unwil- 
lingness to  come  to  the  light  of  impartial  investigation  ? 
With  what  prospect  of  being  heard,  could  he,  under 
such  circumstances,  appeal  to  mankind  for  the  recti- 
tude of  his  cause?  He  could  not  pretend  that  it 
would  endanger  the  institutions  of  his  country ; for  it 
is  not  proposed  that  this  tribunal  interfere  with  the 
internal  concerns  of  a nation.  Nor  could  he  say  that 
it  would  prostrate  his  country’s  independence ; for  it 
is  not  proposed  that  a nation  be  compelled  to  abide 
by  a decision.  In  short,  he  could  make  no  excuse 
whatever. 

Rousseau,  speaking  of  a Congress  of  Nations,  says: 
“ The  only  supposition  we  have  made  is,  that  man- 
kind have  sense  enough,  in  general,  to  know  what  is 
useful  to  them,  and  fortitude  enough  to  embrace  the 


23  CONGRESS  OF  NATIONS.  449 

means  of  their  own  happiness.  Should  our  project 
nevertheless  fail  of  being  put  into  execution,  it  will 
not  be  neglected  because  it  is  chimerical,  but  because 
the  world  is  absurd,  and  there  is  a kind  of  absurdity 
in  being  wise  among  fools.”  “We  daily  make  great 
improvements,”  says  Franklin,  “in  natural,- — there  is 
one  I wish  to  see  in  moral, — philosophy;  the  dis- 
covery of  a plan  that  would  induce  and  oblige  nations 
to  settle  their  disputes,  without  first  cutting  one 
another’s  throats.  When  will  human  reason  be  suf- 
ficiently improved,  to  see  the  advantage  of  this  1 ” 
“Wonderful,”  says  Jefferson,  “has  been  the  progress 
of  human  improvement  in  other  respects.  Let  us 
hope,  then,  that  the  law  of  nature,  which  makes  vir- 
tuous conduct  produce  benefit,  and  vice  loss,  to  the 
agent,  in  the  long  run;  which  has  sanctioned  the 
common  principle,  that  honesty  is  the  best  policy ; 
will  in  time  influence  the  proceedings  of  nations  as 
well  as  individuals ; that  we  shall  at  length  be  sen- 
sible, that  war  is  an  instrument  entirely  inefficient 
toward  redressing  wrong ; that  it  multiplies,  instead 
of  indemnifying  losses.  These  truths  are  palpable, 
and  must,  in  the  progress  of  time,  have  their  influence 
on  the  minds  and  conduct  of  nations.”  President 
Adams,  in  his  message  to  Congress,  says  in  relation  to 
the  Congress  of  Panama : “ The  design  is  great,  is 
benevolent,  is  humane.  It  looks  to  the  amelioration 
of  the  condition  of  man.”  The  editor  of  the  Journal 
de  la  Morale  Chretienne,  the  periodical  of  the  Philan- 
thropic Society  of  Paris,  patronized,  as  is  said,  by 
“ those  who  are  nearest  the  throne,”  has  declared, 


57 


450 


CONGRESS  OF  NATIONS. 


24 


that  “ the  hope  of  the  establishment  of  universal  and 
permanent  peace,  is  no  longer,  as  formerly,  considered 
to  be  only  the  reverie  of  good  men.”  In  the  Edin- 
burgh Review  for  March,  1829,  is  the  following 
paragraph:  “We  earnestly  hope,  that  the  friends  of 
liberal  opinions  in  this  great  nation,  will  never  cease 
to  bestir  themselves  against  war ; will  be  instant  in 
season  and  out  of  season,  in  subduing  all  lurking 
remains  of  that  unhallowed  spirit,  and  leading  them 
to  the  real  glories  of  Peace.”  The  most  pacific 
sentiments  have  of  late  years  been  avowed  in  the 
parliaments  of  Great  Britain  and  France.  Sir  James 
Mackintosh,  in  a debate  in  the  House  of  Commons, 
remarked,  that,  “ whatever  might  be  the  political 
intrigue  of  some  parties,  a passion  for  peace  was 
visibly  extending  and  growing  throughout  Europe ; 
which  was  the  best  legacy  left  them  by  that  fierce 
war  that  had  raged  from  Copenhagen  to  Cadiz.  He 
confessed  he  felt  a strong  passion  for  peace, — for  he 
must  call  it  by  that  name; — he  trusted  this  feeling 
would  ultimately  become  the  ruling  passion  of  Eu- 
rope.” Mr.  Peel,  in  following  the  preceding  speaker, 
thus  expressed  himself:  “I  do  hope  that  one  great 
and  most  beneficial  effect  of  the  advance  of  civiliza- 
tion, the  diffusion  of  knowledge,  and  the  extension 
of  commerce,  will  be,  the  reducing  within  their  proper 
dimensions,  of  the  fame,  and  the  merit,  and  the  reward 
of  military  achievements ; and  that  juster  notions  of 
the  moral  dignity  of,  and  the  moral  obligation  due  to, 
those  who  apply  themselves  to  preserve  peace,  and 
avoid  the  eclat  of  war,  will  be  the  consequence.”  Mr. 


25 


CONGRESS  or  NATIONS. 


451 


Brougham  followed.  “He  rejoiced  to  hear  it  to-night 
declared  to  be  the  duty  of  the  country  to  preserve 
peace  inviolate.  At  all  times  he  had  prayed  for  this 
valuable  object.  He  heartily  rejoiced,  that  the  ardor 
for  military  glory,  and  the  thirst  of  fame,  which  was 
the  curse  of  nations,  and  which  our  neighbors  were 
more  prone  to  admire  than  ourselves,  had  been  so 
justly  stigmatized  to-night.”  M.  Casimir  Perrier,  in 
addressing  the  French  Chamber  of  Deputies,  held 
the  following  language:  “Europe  anxiously  wishes 
for  peace ; it  is  her  manifest  interest.  Why  should 
she  desire  war  ? In  this  situation  of  affairs,  we  venture 
to  hope  that  Europe  will  shortly  come  to  an  under- 
standing which  may  lead  to  a general  diminution  of 
forces,  the  support  of  which  weighs  heavily  on  the 
several  states.  Let  us  by  our  policy  hasten  this 
disarmament.”  In  reply  to  some  war  speeches,  Gen. 
M.  Sebastian!  remarked : “ Gentlemen,  we  know 
when  war  commences,  but  we  know  not  when  it  will 
finish.” 

Sentiments  like  the  foregoing  are  now  gaining 
ground  throughout  Christendom.  And  how  much 
more  rational  are  they  than  the  opposite!  How 
much  more  worthy  of  intelligent  beings  I “ There  are 
two  kinds  of  contention,”  says  Cicero ; “ the  one  by 
argument,  the  other  by  violence : the  one  belongs  to 
man,  the  other  properly  to  brutes.”  Knox,  in  his 
Essays,  says,  “ While  we  are  warriors,  with  all  our 
pretensions  to  civilization,  we  are  savages.”  These 
sentiments  are  making  rapid  progress,  and  they  will 
continue  to  advance  with  the  increase  of  knowledge. 


452 


CONGRESS  OF  NATIONS. 


26 


And  as  the  progress  of  this  has  recently  been  greatly 
accelerated,  there  can  be  no  doubt  that  the  time  is 
near,  when  nations  will,  by  dispensing  with  war,  cease 
to  act  like  “brutes”  and  “savages,”  and  assume  their 
legitimate  character  of  rational  men.  Indeed,  there 
is  reason  to  believe,  that  this  great  moral  revolution  is 
already  begun. 

Nor  is  it  necessary  that  all  nations  be  brought  into 
the  measure  at  first : a few  can  make  a beginning. 
At  any  rate,  this  country  might  propose  it  to  others, 
and  if  they  all  decline,  the  fault  will  be  theirs.  But 
there  is  no  reason  to  believe  that  this  would  be  the 
case.  How  would  such  a proposition  affect  us,  coming 
from  Great  Britain,  or  France,  or  any  respectable 
power  on  earth?  Most  readily,  indeed,  should  we 
accede  to  it,  and  despatch  our  delegates  forthwith. 
Some  nations,  then,  would  at  once,  no  doubt,  give  a 
proposition  of  the  kind,  emanating  from  this  country, 
a favorable  reception.  Let  us,  therefore,  be  up  and 
doing.  Let  light  be  diffused  abroad.  Let  writings 
calculated  to  show  the  practicability  and  vast  impor- 
tance of  the  plan,  be  scattered  in  every  direction. 
Let  the  periodical  press  be  as  extensively  enlisted  in 
the  cause  as  possible.  Let  the  friends  of  peace  every 
where  embody  themselves  into  Peace  Societies,  thus 
affording  the  cause  the  innumerable  advantages  ever 
the  result  of  concentrated  counsel  and  effort.  But, 
especially,  let  those  societies  be  active,  holding  public 
meetings,  and  scattering  tracts  and  pamphlets  in  their 
respective  vicinities.  Let  memorials  on  the  subject 
be  circulated  for  signatures ; and  let  those  memorials. 


27 


CONGRESS  OF  NATIONS. 


453 


filled  with  the  names  of  petitioners,  pour  in  from  the 
east  and  from  the  west,  from  the  north  and  from  the 
south,  and  overwhelm  our  nation’s  capitol  with  a 
mighty  inundation  of  peace.  These  petitions  would 
not  return  void.  They  would  have  audience,  and 
find  advocates.  This  would  produce  discussion. 
And  when  once  brought  to  this  point,  we  should  have 
nothing  to  fear.  The  object  is  too  important,  and  the 
case  too  clear,  to  suffer  by  investigation.  The  meas- 
ure would  be  adopted.  And  thus  would  the  great 
proposal  go  forth  from  this  country,  to  the  various 
nations  of  the  earth.  Meantime,  let  the  friends  of 
humanity  on  the  other  side  of  the  great  waters  be  on 
the  alert,  preparing  their  respective  governments  to 
give  a favorable  response ; and,  with  Heaven’s  bless- 
ing, it  would  not  be  long,  ere  we  should  see  such  a 
tribunal  as  the  world  has  never  yet  seen — a tribunal 
of  nations  exerting  all  their  energies  for  the  preserva- 
tion of  the  tranquillity  of  the  world. 

But  after  all  these  bright  anticipations,  there  seems 
to  be  still  lingering  a kind  of  presentiment  of  disap- 
pointment ; as  if,  in  spite  of  theory  clear  as  light,  it  is 
too  much  to  expect  so  great  a blessing  as  the  abolition 
of  so  evil  a custom  of  such  long  standing.  For  thus  are 
we  inclined  to  reason : — “ Had  there  been  any  prac- 
ticable means  by  which  war,  that  evil  of  evils,  could 
be  avoided,  nations  would  have  adopted  it  long  ere 
now ; nay,  they  would  never  have  resorted  to  war  at 
all : and  even  were  a remedy  to  be  discovered,  and 
were  mankind  in  general  disposed  to  adopt  it,  so 
trammelled  are  they  by  the  shackles  of  despotism,  that 


454 


CONGRESS  OF  NATIONS. 


28 


it  is  idle  to  expect  the  popular  voice  to  be  regarded  on 
this  or  any  other  subject.  Kings  love  war,  and  are 
not  sufficiently  disinterested  to  forego  their  own  grati- 
fication for  the  good  of  their  subjects.  And  as  wars 
always  have  been,  so  they  will  continue  to  be — at 
least  till  the  time  foretold  in  Scripture,  when  nations 
shall  learn  war  no  more.”  Let  us  now  consider  these 
objections  a moment. 

1.  The  greatness  of  the  evil.  This  very  circum- 
stance encourages  us  to  hope  so  much  the  more  for 
its  abolition ; for  the  greater  the  evil,  the  more  desirous 
must  men  be  to  free  themselves  from  it,  and  conse- 
cpiently,  the  more  likely  will  they  be  to  adopt  a 
remedy  when  one  shall  be  discovered. 

2.  The  non-discovery  and  adoption  of  a remedy 
hitherto,  for  so  great  and  long-continued  an  evil.  But, 
as  new  discoveries  are  continually  made,  not  only  in 
physical,  but  in  moral  and  political  science,  and,  espe- 
cially, as  great  changes  are  continually  occurring  in 
the  system  of  international  relations,  why  is  it  unrea- 
sonable to  expect  a change  in  relation  to  this  interna- 
tional concern,  seeing  one  is  so  much  needed  7 When 
we  consider  the  various  absurd  and  evil  customs  that 
have  actually  been  abolished,  together  with  the  great 
progress  already  made  in  human  society,  from  its 
infancy  to  the  present  period,  I mistake  if  we  do  not 
find,  that  changes  have  occurred  which  are  greater 
than  would  be  the  abolition  of  war.  Nay,  it  would 
perhaps  not  be  going  too  far  to  say,  that  more  has 
been  done  in  relation  to  the  modification  of  the  war 
system,  than  would  now  be  requisite  to  its  extinction 
altogether. 


29 


CONGRESS  OF  NATIONS. 


455 


3.  But  kings  love  war,  and  will  not  forego  their 
own  gratification  for  the  good  of  their  subjects.  The 
great  error  in  this  objection  consists,  in  its  overlook- 
ing the  essential  difference  in  the  relations  subsisting 
between  king  and  subject  now,  and  those  of  former 
days.  It  supposes  monarchs  to  be  supreme : as  when 
a Tiberius  was  permitted,  in  the  capital  of  the  world, 
to  violate  her  most  eminent  females ; to  consign  to 
execution  the  accused,  without  examination ; to  cause 
those  who  displeased  him  to  be  thrown  headlong  down 
some  precipice ; and  to  put  to  death  at  will  the  very 
senators  of  the  state!  when  a Caligula  could  condemn 
the  nobility  to  dig  in  the  mines,  or  to  repair  the  high- 
ways, and,  to  free  the  state  from  unserviceable  citi- 
zens, could  cast  the  decrepid,  the  infirm,  and  the  aged 
to  wild  beasts  ; nay,  could  claim  divine  honors,  causing 
temples  to  be  erected  and  sacrifices  to  be  offered  to 
himself  as  a god  ; and  could  squander,  in  the  most 
wanton  and  foolish  extravagance,  the  public  resources, 
by  dissolving  jewels  among  his  sauces,  building  a 
marble  stable  and  an  ivory  manger  for  his  favorite  Inci- 
tatus,  and  constructing  in  a ridiculous  manner  a bridge 
three  and  a half  miles  across  an  arm  of  the  sea,  to  be 
annihilated  by  the  first  storm  I when  a Nero  was 
suffered  to  murder  his  mother,  his  wife,  his  tutor,  his 
benefactor ; to  exterminate  many  of  the  noble  families 
of  Rome ; to  set  that  city  itself  on  fire,  and  then  to 
inflict  on  the  poor  Christians  the  most  unmerciful  tor- 
tures, under  pretence  that  it  was  fired  by  them  ! Or, 
descending  much  nearer  our  own  times,  and  taking  as 
a sample  the  infamous  Henry  VIII,  who  was  permitted 


456 


CONGRESS  OF  NATIONS. 


30 


to  divorce  one  queen  to  make  room  for  a successor 
whom  he  loved  better,  but  whom  in  three  short  years 
he  beheaded  ; to  divorce  another,  because  she  proved 
less  beautiful  than  she  had  been  represented  ; to  make 
and  unmake  religious  creeds,  and  to  require  the  nation 
to  receive  or  reject  them  at  his  pleasure,  under  the 
penalty  of  banishment  or  death ! 

Such  were  the  pranks  which  a monarch  could  play 
on  the  throne  of  England  three  hundred  years  ago ! 
And  when  we  think  of  kings  and  subjects,  we  are 
prone  to  think  of  such  as  these,  and  then  to  calculate 
the  probabilities  or  improbabilities  of  the  success  of 
some  great  plan  for  the  melioration  of  the  human 
condition.  But  how  greatly  do  we  in  this  way  mis- 
calculate. How  different  the  state  of  things  now, 
from  the  foregoing.  So  far  from  decapitating  his  wife 
at  will,  a British  king  cannot  now  even  repudiate  her 
without  good  reasons.  Our  modern  Caesars,  too, 
find  themselves  an  age  too  late  for  their  mad  projects. 
Does  one  essay  at  universal  empire  1 he  is  stripped 
of  his  own.  Does  another  attempt  to  rise  superior  to 
constitution  and  law?  three  days  suffice  to  render 
him  a wandering  exile.  Lo!  on  the  throne  of  the 
ambitious  Napoleon,  and  the  despotic  Charles,  sits  a 
citizen  king ! Lo  ! the  conqueror  of  Napoleon  cowers 
before  the  majesty  of  the  British  nation,  and  “Re- 
form ! ” “ Reform  ! ” triumphs  over  arms  that  won  the 
field  of  Waterloo,  and  decided  the  destiny  of  the 
world  ! Lo  ! Europe  is  in  commotion,  and  her  poten- 
tates, warned  by  the  unwonted  omens  of  the  times, 
are  considering  the  measures  necessary  to  the  security 


31  CONGRESS  OF  NATIONS.  457 

of  the  favor  of  their  people ! Light  and  knowledge 
are  increasing  and  spreading  with  unexampled  rapid- 
ity through  all  Christendom  ; and  even  in  the  capital 
of  the  Mohammedan  empire,  we  behold  a “ Moniteur 
de  Ottoman !”  Who  can  consider  this  state  of  things, 
together  with  the  future  and  the  rapid  advance  of 
knowledge  which  must  inevitably  result  from  causes 
already  in  operation,  without  feeling  that  old  systems 
are  on  the  eve  of  dissolution,  and  that  the  dawn  of 
a new  era  is  about  to  break  forth  upon  the  world,  — 
the  era  of  the  people,  — when  man  shall  recover  his 
lost  rights,  and  rise  to  his  primeval  dignity. 

Such  an  era  must  eminently  conduce  to  peace ; for 
when  the  true  interests  of  the  human  race  shall  be 
consulted,  war  must  necessarily  cease.  Have  not 
the  friends  of  peace,  then,  abundant  reason  to  take 
courage  1 And  even  now,  while  the  elements  of  the 
poUtical  world  are  in  commotion,  by  the  approximation 
of  things  to  the  state  just  considered  in  prospective, 
they  may  be  operating  most  efficiently  in  the  promo- 
tion of  their  cause.  That  society  will  for  a time  be 
agitated  and  convulsed  ; that  so  great  changes  as 
those  we  have  contemplated  can  be  effected  only  by 
corresponding  commotions,  there  can  be  no  doubt. 
But  these  commotions  will  be  the  struggles  of  a giant 
to  break  his  chains ; the  throes  and  upheavings  of  the 
troubled  earth,  laboring  to  disgorge  its  oppressive 
accumulation  within ; the  strife  of  human  rights 
against  human  aggression;  the  efforts  of  a world 
against  ruin,  of  peace  against  war ; the  thick  and  final 
peltings  of  that  great  social  tempest  which  will  clear 


58 


458 


CONGRESS  OF  NATIONS. 


32 


up  the  stormy  atmosphere  into  the  sunny  sky  of 
peace  ! And  they  will  be  internal  struggles,  furnish- 
ing no  legitimate  cause  for  external  war.  Yet,  with- 
out the  establishment  of  a great  central  court  of  appeal, 
to  hold  with  a steady  hand  the  international  balances, 
it  is  reduced  almost  to  a moral  certainty,  that  the 
political  world  will  become  one  mighty  chaos,  state 
dashing  against  state,  thereby  enhancing  the  sum  of 
human  wretchedness  to  an  amount  far  beyond  com- 
putation. Such  a tribunal,  then,  seems  specially 
needed  at  this  very  period,  when  the  volcano  is  rum- 
bling within,  and  the  earth  trembling  with  a pent 
convulsion.  Foreign  tranquillity  at  such  a crisis  must 
be  for  the  interest  of  all.  Trouble  enough  will  they 
have  at  home ; they  cannot,  therefore,  too  sedulously 
cultivate  peace  abroad.  And  this  appears  to  be  the 
present  opinion  of  the  European  governments  them- 
selves. There  seems  to  be  a general  understanding, 
that  the  peace  of  Europe  must  not  be  disturbed.  In 
adopting  this  policy,  they  do,  for  once  at  least,  evince 
true  wisdom.  For  suppose  a general  war,  — a war 
of  principle,  if  you  please,  — in  which  liberty  would 
attempt  to  overthrow  tyranny,  and  tyranny  to  crush 
liberty.  It  cannot  be  supposed  that  either  party  could 
conquer.  What  then  would  they  do  7 After  once 
more  drenching  Europe  with  blood,  and  increasing 
her  already  oppressive  burthen  to  overwhelming,  they 
would  leave  things  as  they  found  them,  each  party 
still  managing  its  own  affairs  in  its  own  way.  It  is  in 
vain  to  think  that  any  thing  different  would  be  the 
result.  Never  before,  perhaps,  has  Europe  been  so 


33 


CONGRESS  OF  NATIONS. 


459 


equi-balanced  as  she  is  at  present.  France  and 
England ! What  can  conquer  these  combined  1 And 
Russia,  Austria,  and  Prussia ! Who  would  dream  of 
their  subjugation  ? Peace,  then,  is  the  true  policy  of 
Europe,  and  she  seems  inclined  to  adopt  it.  Now, 
then,  is  the  period,  of  all  others,  to  urge  our  project  to 
its  consummation. 

But  a great  difficulty  still  remains.  Suppose  a 
tribunal  of  the  kind  established,  and  its  decisions  to 
be  right,  what  would  insure  their  observance,  on  the 
part  of  those  towards  whom  they  might  be  unfavor- 
able ? I reply : the  same  that  would  induce  them  to 
refer  their  disputes  at  all,  namely,  the  want  of  a plaus- 
ible excuse  to  do  otherwise.  To  be  sure,  if  those 
decisions  should  be  flagrantly  erroneous,  there  would 
be  room  for  such  excuse,  and  war  might  still  occur ; 
but  it  is  not  at  all  probable  that  wrong  decisions 
would  be  made  by  such  a body — far  less  probable, 
than  that  either  of  the  parties,  or  blind  war,  would 
make  them.  And  with  regard  to  many  cases  of 
international  dispute,  they  are,  in  themselves  consid- 
ered, of  so  little  consequence,  that  it  would  matter 
very  little  whatever  the  decision  might  be. 

It  is  really  astonishing  to  learn  for  what  trivial  and 
iniquitous  causes  nations  have  engaged  in  hostilities. 
Take,  as  samples,  the  following.  “In  the  year  1005, 
some  soldiers  of  the  commonwealth  of  Modena  ran 
away  with  a bucket  from  a public  well,  belonging  to 
the  state  of  Bologna.  The  implement  might  be  worth 
a shilling ; but  it  produced  a quarrel,  which  was 
worked  up  into  a long  and  bloody  war.”  “ Frederick 


460 


CONGRESS  OF  NATIONS. 


34 


the  great  gives  an  account  of  a war  between  England 
and  Spain,  which  originated  from  cutting  off  the  ears 
of  an  English  smuggler.”  “ In  an  old  history  of  the 
kings  of  England,  we  have  seen  an  account  of  a war 
between  that  country  and  France,  the  cause  of  which 
was  this : one  boy  called  another  boy  the  son  of  a 
bastard ; and  as  this  reproach  was  founded  in  fact,  it 
‘ worked  up  into  a bloody  war.’  One  of  the  boys  was 
son  to  the  king  of  England,  the  other  to  the  king  of 
France.”  “ So  paltry  a sum,”  says  Burke,  “ as  three 
pence,  in  the  eyes  of  a financier,  so  insignificant  an 
article  as  tea,  in  the  eyes  of  a philosopher,  have 
shaken  the  pillars  of  a commercial  empire  that  circled 
the  whole  globe.” 

Now,  suppose  the  decisions  of  our  proposed  Con- 
gress should  not  always  be  correct ; suppose  that,  for 
the  want  of  sufficient  evidence, — which  would,  no 
doubt,  be  the  only  reason,  — they  should  not  invariably 
award  “ the  bucket  ” to  the  lawful  owner ; would  this 
be  a good  reason  why  that  owner  should  waste 
millions  to  recover  it  ? I know  it  will  be  said  that  it 
is  not  the  bucket  for  which  they  contend,  but  the 
point  of  honor  involved  in  its  possession.  But  a 
tribunal  of  reference  would  obviate  this  difficulty.  It 
would  not  be  an  antagonist  to  either  party.  It  would 
not  assume  an  air  of  self-sufficiency,  as  if  its  very 
existence  were  depending  on  the  contour  of  the 
features,  or  the  toss  of  the  head.  It  would  not 
imperiously  and  insolently  threaten  a party  with 
castigation,  thereby  laying  that  party  under  obligation, 
either  to  refuse  compliance  with  a demand  perhaps 


35 


CONGRESS  OF  NATIONS. 


461 


just  in  itself,  or  subjecting  it,  in  the  event  of  compli- 
ance, to  the  charge  of  doing  so  through  fear.  But, 
inasmuch  as  it  would  be  a third  party,  its  decisions 
would  be  deemed  impartial.  And  as  such  decisions 
ought  to  be  regarded,  and  as  no  threat  of  coercion 
would  accompany  those  made  by  this  tribunal,  the 
point  of  honor  would  consist,  not  in  their  breach,  but 
in  their  observance.  Thus  we  find  that  the  very 
objection  we  are  now  considering  would  be  the 
reason  why  the  decisions  of  the  Congress  would  be 
observed. 

But  will  rulers  really  be  restrained  by  this  consid- 
eration? Will  they  not?  we  reply.  A singular 
figure  would  they  make,  in  going  to  war  without  even 
a pretended  reason.  Something  after  the  following 
form  must  be  their  declaration : 

“ Whereas,  by  the  investigation  of  the  High  Court 
of  Nations,  it  has  been  ascertained,  as  well  as  impar- 
tial investigation  can  ascertain,  that  we  ought  to 
comply  with  certain  conditions;  and  whereas  this 
decision  is  accompanied  by  no  threats  of  coercion  in 
the  event  of  our  non-compliance,  thus  leaving  us  at 
liberty  to  comply,  without  subjecting  us  to  the  impu- 
tation of  cowardice,  and,  therefore,  without  compro- 
mitting  our  honor ; and  whereas,  an  old  bucket  is,  in 
itself,  an  object  of  contention  altogether  unworthy  of 
high-minded  and  honorable  individuals,  much  less  of 
nations ; and  whereas,  under  these  circumstances,  we 
can  honorably  remain  at  peace,  and  cannot,  without 
the  greatest  dishonor,  embark  in  war : therefore,  be  it 
known  to  the  world,  that  since  we  are  deprived  of  all 


462 


CONGRESS  OF  NATIONS. 


36 


excuse,  we  will  have  war  without  any.  To  gratify 
our  ambition,  obstinacy  and  malignity,  we  will  still 
pursue  the  work  of  death  ; still  will  we 

‘ Wlielin  nations  in  blood,  and  wrap  cities  in  fire.’ 

We  care  not  for  justice.  We  care  not  for  honor. 
We  care  not  for  your  Congress  of  Nations.  We  will 
do  as  we  please.  And  do  you,  our  humble  servants, 
the  people  of  our  realm,  prepare  to  execute  our  good 
pleasure.  Pay  your  hard  earnings  into  our  war 
coffers.  Abandon  your  homes,  your  altars,  your 
country,  and  march  forth  to  the  toils,  and  privations, 
and  perils  of  war  in  a foreign  land.  There  pour  forth 
your  lives ; there  deposit  your  carcasses ; despised  by 
ourselves  for  your  base  servility,  and  abominated  by 
the  human  race  for  your  reckless  brutality.” 

And  now  I ask,  seriously,  if  rulers,  after  the  decision 
of  our  tribunal,  could  issue  a better  manifesto  than  the 
foregoing.  What  could  they  say?  What  excuse 
could  they  make?  But  if  they  could  make  none  at 
all,  it  is  certain  they  would  not  venture  on  war. 

But  if  non-coercion  would  be  so  efficacious  in  this 
case,  why  not  adopt  it  in  that  of  law?  Why  affix 
any  penalties  to  that?  I reply,  that  if  individuals 
were  circumstanced  as  nations  are,  there  would  be  no 
need  of  those  penalties.  It  is  not  the  respectable 
citizen  that  submits  to  the  laws  of  the  land  through 
fear  of  the  punishment  involved  in  disobedience. 
None  but  unprincipled  recreants,  lost  to  all  sense  of 
honor  and  propriety,  need  hand-cuffs  and  chains, 
need  prisons  and  guards,  to  extort  submission  to  the 


37 


CONGRESS  OF  NATIONS. 


463 


laws.  Were  there  none  of  these  in  society,  the 
decisions  of  courts  of  justice  would  need  no  sheritfs 
nor  constables  to  enforce  them,  but  might  be  safely 
left  to  take  their  own  course.  The  penalties  of  law 
were  never  designed  for  those  who  act  from  principle, 
but  only  for  desperados.  Now,  there  are  no  nations 
answering  to  the  character  of  these  desperados.  By 
the  term,  nation,  however,  I mean  not  a wandering 
tribe  of  savages,  nor  a piratical  nest  of  barbarians  ; but 
a community  recognized  and  treated  by  the  civilized 
world  as  a nation.  I repeat,  then,  the  assertion,  that 
there  is  no  nation  answering  to  the  character  of  a 
desperado  of  society.  Were  there  such  a one,  treaties 
with  it  would  be  an  absurdity ; and  it  would  be 
necessary  to  take  possession  of  its  fleets  and  forts, 
and  thus  become  its  gaoler.  As,  then,  there  is  no 
nation  of  this  description,  there  exists  not  the  necessity 
for  a penalty  to  the  law  of  nations  that  exists  in  the 
case  of  the  laws  of  society. 

In  speaking  of  penalties,  it  is  difficult  to  divest  the 
mind  of  the  idea  of  fine  and  imprisonment,  of  confis- 
cation and  banishment,  of  dungeons,  chains,  racks  and 
gibbets.  We  do  not  dream  that  there  can  be  any 
other  kind  of  punishment ; much  less,  that  there  can 
be  one  far  greater  than  these.  We  forget  the  difference 
between  man  and  beast,  and  seem  to  think  that  both 
are  affected  alike  by  the  same  means ; entirely  over- 
looking the  fact,  that  man  has  a mind  susceptible  of 
shame,  as  well  as  a body  susceptible  of  pain ; and 
that  mental  suffering  is  as  much  greater  than  corporeal, 
as  the  mental  are  superior  to  the  bodily  faculties. 


464 


CONGRESS  OF  NATIONS. 


38 


Keeping  this  idea  in  view,  we  shall  find,  that  though 
no  denunciation  of  devastation  and  destruction  should 
be  annexed  to  the  decisions  of  the  Court  of  Nations, 
as  a penalty  for  their  violation,  it  would  by  no  means 
follow  that  there  would  be  no  sanction  to  them.  “ It 
is  not  to  be  understood,”  says  Chancellor  Kent,  “that 
the  law  of  nations  is  a code  of  mere  elementary 
speculation,  without  any  sufficient  sanction.  It  is  a 
code  of  present,  active,  durable  and  binding  obligation. 
As  its  great  fundamental  principles  are  founded  on 
the  maxims  of  eternal  truth,  in  the  immutable  law  of 
moral  obligation,  and  in  the  suggestions  of  an  enlight- 
ened public  interest,  they  maintain  a steady  influence, 
notwithstanding  the  occasional  violence  with  which 
that  influence  may  be  disturbed.  The  law  of  nations 
is  placed,  in  the  first  place,  under  the  protection  of 
public  opinion.  It  is  enforced  by  the  censures  of  the 
press,  and  by  the  moral  influence  of  those  great 
masters  of  public  law  who  are  consulted  by  aU  nations 
as  oracles  of  wisdom,  and  who  have  attained,  by  the 
mere  force  of  written  reason,  the  majestic  character, 
and  almost  the  authority,  of  universal  lawgivers,  con- 
trolling by  their  writings  the  conduct  of  rulers,  and 
laying  down  precepts  for  the  government  of  mankind.” 
This  law  of  nations,  without  any  penalty,  is  by  no 
means  so  often  violated,  as  are  the  laws  of  a commu- 
nity containing  penalties.  It  is,  therefore,  but  for 
nations  to  have  a regular  legal  code,  in  order  to 
observe  it.  The  wars  which  so  frequently  occur  are 
not  so  much  occasioned  by  a violation  of  the  estab- 
lished principles  of  international  law,  as  by  difficulties 


39 


CONGRESS  OF  NATIONS. 


465 


to  which  none  of  those  principles  are  applicable,  or,  at 
least,  to  which  there  is  no  impartial  tribunal  to  apply 
them.  Nations  do  not  presume  to  violate  what  they 
themselves  acknowledge  to  be  those  principles ; and, 
consequently,  they  would  not  presume  to  violate  what 
an  authorized  tribunal  might  pronounce  so.  Yet, 
there  are  no  penalties  annexed  to  their  violation,  no 
threats  of  punishment  thrown  out  in  terrorem.  But 
if  these  sanctions  are  sufficient  to  secure  the  observ- 
ance of  the  law  of  nations,  under  present  circum- 
stances, what  would  they  not  be,  when  this  law 
should  be  promulgated  to  mankind  by  a congress  of 
“ those  great  masters  of  public  law,”  who  individually 
“ control  by  their  writings  the  conduct  of  rulers,  and 
lay  down  precepts  for  the  government  of  mankind?” 
Surely,  international  law,  emanating  in  due  form  from 
such  a body  of  men,  would  find  a support  in  public 
opinion  absolutely  irresistible. 

That  a nation,  under  the  existing  state  of  things, 
has  sometimes  acted  in  opposition  to  the  general 
sentiment,  and  disregarded  rules  which  others  have 
thought  proper  to  observe,  is  so  far  from  being  an  argu- 
ment against  embodying  international  law  in  a code, 
that  it  is  the  very  reverse.  A disputed  principle  of  inter- 
national law  is  not  an  established  part  of  it : hence 
the  necessity  of  having  its  principles  settled,  and  the 
admitted  law  of  nations  explicitly  expressed  and 
recognized.  But  as  the  matter  now  stands,  any 
nation  may  disregard  what  others  choose  to  consider 
the  law  of  nations.  For,  under  what  obligation  is  an 
independent  nation  to  regard  the  opinions  of  unau- 

59 


466 


CONGRESS  OF  NATIONS. 


40 


thorized  writers  on  the  duties  of  nations,  or  to  make 
the  practice  of  other  nations  a sample  for  itself? 

As  so  much  is  depending  on  the  solidity  of  this 
position ; as  the  whole  project  must  prove  abortive, 
unless  it  can  be  shown  that  the  decisions  of  the  pro- 
posed tribunal  would  probably  be  observed ; and  as 
the  showing  of  this  would  insure  its  success ; we  can 
hardly  dwell  too  minutely  on  each  point  tending  to 
throw  light  on  this  part  of  our  subject.  We  will,  then, 
for  a few  moments,  consider  the  mighty  efficiency  of 
public  opinion. 

It  is  public  opinion  that  regulates  all  the  concerns 
of  this  great  world  of  ours.  This  it  is  that  forms  men 
into  communities,  and  institutes  the  necessary  regula- 
tions for  the  public  weal ; that  decides  what  shall  be  the 
form  of  government,  making  one  country  a republic, 
and  another  a monarchy ; and  that  regulates  manners 
and  customs,  perpetuating  or  changing  them  to  suit 
itself.  How  pervading  its  influence  ! How  tremendous 
its  power ! It  is  the  lever  of  Archimedes ! It  is  the 
thunderbolt  of  Jupiter!  It  is  the  tornado,  the  deluge, 
the  earthquake,  the  volcano  I Nought  of  earth  can 
resist  its  might.  It  is  stronger  than  law,  violating  it  at 
will ; stronger  than  constitutions,  changing  them  at 
pleasure ; stronger  than  kings,  deposing  them  at  a 
breath  ; stronger  even  than  truth,  prostrating  her  oft- 
times  in  the  dust.  Men  can  but  “ride  this  whirlwind, 
and  direct  this  storm;”  in  vain  would  they  attempt 
to  resist  it.  The  mightiest  potentates  of  earth  do  it 
obeisance.  Napoleon  ever  appealed  to  it  in  all  his 
wars ; and  ultimately  it  overthrew  him.  It  is  public 


41 


CONGRESS  OF  NATIONS. 


467 


opinion  that  gives  to  slander  her  scorpion  sting,  and  to 
vice  its  infamy ; and  that  enables  a solitary  individual, 
on  the  side  of  right,  to  triumph  over  an  opposing  host. 
It  is  this  that  regulates  those  details  of  society  which 
no  laws  can  reach,  chastising  with  its  scorn  and  indig- 
nation the  unmanly  and  the  vile.  To  gain  its  appro- 
bation and  applause,  the  student  trims  the  midnight 
lamp,  and  pores  over  ponderous  tomes  of  lore.  P^or 
this  the  poet  wakes  his  noblest  strains,  and  rolls  his 
boldest  numbers ; the  orator  thunders  in  the  forum,  and 
the  warrior  in  the  field;  and  nations  rear  their  proud- 
est monuments,  and  conquerors  overrun  the  world. 
It  is  this,  alas,  that  often  diverts  frail  man  from  the 
path  of  duty ; that  makes  the  duellist  take  the  life  of 
his  friend,  and  the  self-murderer  his  own ; that  makes 
men  sacrifice  peace,  conscience,  every  thing,  and  set 
heaven  and  earth  at  defiance.  Its  frown  is  more 
terrible  than  death  itself.  The  hero  who  never 
wavered  in  the  day  of  battle,  who  could  march  up  to 
the  cannon’s  mouth  undaunted,  quails  before  it,  and 
seeks  a shelter  from  its  fearful  severity  in  self-destruc- 
tion. Nations,  too,  as  well  as  individuals,  are  subject 
to  its  sway.  Note  their  reference  to  it  in  all  their 
public  documents ; their  appeals  to  it  for  the  justice 
of  their  cause  in  war ; their  tenacity  of  the  point  of 
honor ; their  national  pride,  their  national  vanity,  their 
national  ambition.  Note  their  regard  to  the  law  of 
nations  as  it  is,  under  all  its  unfavorable  circumstances. 
The  fact  is,  that  nations  pay  far  greater  regard  to 
public  opinion,  than  do  citizens  in  their  individual 
capacity.  And  being  under  its  influence,  it  is  but  to 


468 


CONGRESS  OF  NATIONS. 


42 


enlighten  that  opinion  on  the  subject  of  war,  when  it 
will  cease.  It  is  but  to  show,  that  there  is  no  other 
necessity  for  it  than  that  which  rulers  by  their  misman- 
agement create,  and  therefore  that  it  is  avoidable  and 
inexpedient,  and  then  it  will  be  tolerated  no  longer. 

Nor  is  its  inexpediency  all  that  will  influence  the 
public  mind.  There  is  among  men  a degree  of  moral 
principle.  This  is  evinced  in  various  ways;  — in  the 
keeping  of  one’s  word,  when  there  is  no  evidence  of 
his  having  pledged  it;  in  the  forbearance  to  inflict 
injury  when  it  can  be  inflicted  with  impunity,  and 
when  provocation  has  been  given ; and  in  ways 
almost  innumerable ; but  especially,  in  the  abhorrence 
with  which  mankind  regard  individual  or  national 
injustice.  It  is  not,  then,  expediency  alone  that  will 
incline  public  opinion  to  peace ; but  whatever  there 
is  of  moral  principle  among  men,  will  come  to  the  aid 
of  expediency.  And  even  the  very  principle  of  sel- 
fishness, which,  under  present  circumstances,  is  the 
moving  cause  of  war,  will,  when  enlightened,  become 
a most  powerful  auxiliary  in  the  cause  of  peace. 
Convince  men  that  war  is  detrimental  to  their  real 
interests,  and  they  will  not  have  it.  Say  ye,  then, 
that  nations  will  not  adopt  our  scheme  because  they 
are  selfish?  We  reply:  They  will  adopt  it  because 
they  are  selfish, — just  as  soon  as  their  selfishness 
becomes  enlightened. 

We  rely,  then,  on  these  three  causes,  viz.,  expe- 
diency, justice,  and  selfishness,  to  give  to  public 
opinion,  when  duly  enlightened,  an  inclination  to 
peace.  And  I think  it  has  been  demonstrated,  that 


43 


CONGRESS  or  NATIONS. 


469 


whatever  public  opinion  decrees,  it  is  in  vain  for  rulers 
to  think  of  resisting.  And  here  I perceive  an  all- 
sufficient  sanction  for  the  decisions  of  a Congress  of 
Nations,  — a surety  both  for  justice  and  peace. 

A few  desultory  remarks,  relating  to  our  main  sub- 
ject, will  now  be  presented  to  the  reader.  It  should 
be  observed,  that  nations  are  not  isolated,  like  the 
heavenly  bodies,  but  are  connected  together  by  the 
ties  of  a kindred  nature,  as  likewise  by  those  of  com- 
mercial intercourse  and  general  intercommunication, 
whereby  they  come  in  contact.  Hence  arise  certain 
obligations,  moral  and  social.  These  obligations,  as 
has  already  been  seen,  are  acknowledged  by  nations 
themselves.  Now  if  such  obligations  exist,  they  need, 
in  order  to  prevent  dispute,  to  be  specified  in  a reg- 
ular, authorized  code.  But  to  form  a code,  it  is 
requisite  that  a tribunal  be  convoked,  — and  equally 
necessary  that  a similar  tribunal  explain  and  apply  it. 
For  there  can  be  no  greater  absurdity,  than  to  commit 
the  enacting,  expounding,  and  applying  of  it  to  each 
of  the  parties  for  itself.  So  clear  is  the  case,  that 
when  it  shall  be  fairly  considered  by  mankind,  they 
will,  I am  fully  persuaded,  either  deny  international 
obligation,  and  discard  what  is  now  denominated  the 
law  of  nations,  or  else  establish  a tribunal  of  the  kind 
we  propose. 

There  is  what  men  call  the  law  of  nature,  or  a 
natural  perception  of  right  and  wrong.  But  notwith- 
standing this,  they  deem  it  necessary,  in  society,  to 
have  conventional  or  enacted  law,  in  consequence  of 
the  diversity  of  views  taken  by  different  individuals 


470 


CONGRESS  OF  NATIONS. 


44 


relative  to  various  points,  and  by  their  proneness,  when 
swayed  by  interest,  blinded  by  prejudice,  inflated  with 
pride,  and  inflamed  by  passion,  to  explain  right  and 
wrong  to  their  own  liking.  For  the  same  reason 
precisely,  should  there  be  a conventional  law  of 
nations. 

It  is  customary  for  nations,  prior  to  their  engaging 
in  war,  to  resort  to  negotiation,  for  the  avowed  pur- 
pose of  adjusting  their  disputes  without  recourse  to 
arms.  With  equal  facility,  and  with  far  greater  pros- 
pect of  a successful  issue,  might  they  refer  their 
disputes  to  our  proposed  tribunal,  reserving  to  them- 
selves the  right  of  resorting  to  arms,  in  case  the 
decision  of  said  tribunal  should  prove  unsatisfactory, — 
and  obtaining  the  additional  and  most  momentous 
advantage,  of  being  able,  without  a violation  of  truth, 
to  denominate  war  their  last  resort,  which  under  pre- 
sent circumstances  they  cannot  do.  Is  it  not  even 
sol  Cannot  nations  just  as  easily  bring  a dispute 
before  a third  party  prior  to  war,  as  to  negotiate 
respecting  it?  Would  it  not  be  more  likely  to  be 
impartially  examined  by  such  a party  ? And  could 
war  be  denominated  the  last  resort,  in  any  other  way  ? 

But  not  only  would  our  Congress  be  more  likely  to 
effect  an  amicable  adjustment  of  the  cases  of  dispute 
which  might  be  brought  before  them ; the  existence 
of  such  a tribunal  would  tend  to  diminish  their  num- 
ber. All  their  disputes,  of  minor  consequence,  nations 
would  no  doubt  contrive  to  adjust  in  one  way  or 
another  between  themselves.  There  would  be  little 
danger  of  their  permitting  their  “bucket”  cases  to 


45 


CONGRESS  OF  NATIONS. 


471 


come  up  for  grave  discussion  in  so  solemn  and  august 
a tribunal,  before  the  eyes  of  the  whole  world.  And 
here  it  occurs,  that  it  would  not  be  cases  of  this  kind 
alone  that  would  be  settled  without  arbitration,  but 
those  also  where  one  of  the  parties  might  be  conscious 
of  the  injustice  of  its  cause.  Thus  would  our  Con- 
gress prevent  many  wars,  by  the  mere  circumstance 
of  its  existence. 

The  establishment  of  an  international  tribunal  would 
not  preclude  negotiation  between  nations  relative  to 
their  disputes.  They  could  in  this  respect  pursue 
the  same  course  as  if  no  such  tribunal  existed.  They 
might  settle  between  themselves  all  the  disputes  they 
could;  and  after  having  found  the  remainder  too 
stubborn  to  yield  to  their  every  art  of  diplomacy,  then 
let  them,  instead  of  appealing  to  arms,  resort  to  our 
expedient.  Thus  would  war  be  still  longer  prevent- 
ed ; by  which  means  time  would  be  gained  for  such  a 
change  of  circumstances  as  would  perhaps  remove 
the  cause  of  difficulty,  or  so  modify  it  as  to  render  it 
an  insufficient  ground  of  serious  complaint.  An  am- 
bitious monarch  might  be  removed  by  death ; a nation 
might  see  its  way  clear  to  rescind  an  offensive  meas- 
ure ; or  one  change  or  another,  out  of  the  ten  thou- 
sand mutations  of  this  ever-changing  world,  might 
occur,  during  the  period  thus  gained,  by  which  the 
cause  of  difficulty  would  cease. 

This  new  measure  would  not  only  furnish  mankind 
with  an  opportunity  to  abandon  the  war-system,  but 
would  prevent  the  ambitious  and  unprincipled  from 
embarking  in  war  with  the  facility  they  do.  Hitherto, 


472 


CONGRESS  OF  NATIONS. 


46 


they  have  been  able  to  pursue  their  mad  career, 
because  no  circumstances  existed  to  prevent  it.  They 
could  frame  their  plausible  manifestos,  and  induce 
their  people  to  sustain  them  in  war.  But,  under  the 
circumstances  which  we  propose  to  throw  around 
them,  they  could  issue  no  such  manifestos.  War 
would  be  an  up-hill  undertaking.  Their  ambitious 
schemes  would  be  stripped  of  their  deceptive  covering, 
and  exposed  to  the  view  of  mankind,  by  the  investi- 
gation of  our  tribunal.  The  sympathies  of  the  whole 
world  would  be  enlisted  on  the  side  of  the  injured, 
against  the  aggressor ; animating  the  former,  and  dis- 
heartening the  latter.  And,  what  is  still  more  impor- 
tant, the  very  subjects  of  those  ambitious  sovereigns 
would,  to  no  small  extent,  be  found,  in  opinion  at 
least,  against  them.  They  would  query,  whether  an 
impartial  tribunal  of  the  great  and  wise  philanthropists 
of  earth  would  not  be  more  likely  to  make  a correct 
decision,  than  w'ould  interested,  ambitious  monarchs. 
They  would  respectfully  consider  the  reasons  assigned 
by  that  tribunal,  for  the  decisions  by  them  made ; 
which  reasons,  emanating  from  such  a body,  standing 
in  such  a relation  to  mankind,  would,  undoubtedly,  be 
good  and  conclusive.  Those  reasons  would  produce 
their  legitimate  effect;  they  would  carry  conviction 
to  the  bosom  of  all ; and  the  ambitious  despots,  who 
keep  the  world  in  agitation,  would  find  themselves 
unsustained,  both  at  home  and  abroad.  Such  a 
tribunal  would  have  checked  the  career  of  Napoleon, 
ere  he  attained  that  fearful  ascendency  which  placed 
him  for  a time  above  all  control.  Nay,  it  would  have 


47  CONGRESS  OF  NATIONS.  473 

prevented  the  very  wars  which  elicited  the  military 
genius  of  that  wonderful  man ; and  the  world  had 
then  never  knowm  him  as  Napoleon  the  conqueror; 
but  his  mighty  mind  would  have  been  turned  into  a 
different  channel,  whose  overflow  would  have  irrigated 
and  fertilized  the  world  with  refreshing  rills  and 
streams,  instead  of  deluging  it  with  tears  and  blood ! 

We  have  seen  that  the  most  probable  way  of 
ascertaining  the  merits  of  an  international  dispute 
would  be,  to  refer  it  to  our  tribunal, — far  more  so 
than  to  refer  it  to  the  sword.  Hence  the  nation, 
actually  conscious  of  being  in  the  right,  would  be 
desirous  of  such  a reference,  and  more  so,  for  the 
reason  that  justice  would  not  only  be  more  likely  in 
this  way  to  be  obtained,  but  also  at  a much  easier 
rate  than  by  war.  Now,  as  both  the  parties  to  a 
dispute  profess  to  believe  themselves  in  the  right,  and 
as  this  is  the  most  probable  and  the  most  easy  way 
of  obtaining  justice,  no  nation,  whether  in  the  right  or 
wrong  in  reality,  could  consistently  decline  the  refer- 
ence proposed.  The  reason,  therefore,  which  nations 
assign  for  war,  viz.,  the  justice  of  their  cause,  is  the 
reason  why  they  should  avoid  it,  and  refer  that  cause 
to  the  arbitration  of  a third  party.  And  any  nation 
declining  thus  to  do,  would  evince  its  insincerity,  and 
wage  war  with  an  ill  grace  indeed. 

Nearly  allied  to  the  subject  of  international  arbitra- 
tion, is  that  of  international  mediation.  “Two  nations,” 
says  Vattel,  “ though  equally  weary  of  war,  often 
continue  it,  merely  from  the  fear  of  making  the  first 
advances  to  an  accommodation,  as  these  might  be 


60 


474 


CONGRESS  OF  NATIONS. 


48 


imputed  to  weakness ; or,  they  persist  in  it  from 
animosity,  and  against  their  real  interests.  Then, 
common  friends  effectually  interpose,  offering  them- 
selves for  mediators.  And  there  cannot  be  a more 
beneficent  office,  than  that  of  reconciling  two  nations 
at  war,  and  thus  putting  a stop  to  the  effusion  of 
human  blood.  This  is  an  indispensable  duty  to  those 
who  are  possessed  of  the  means  of  succeeding  in  it.” 

The  propriety,  the  praiseworthiness,  the  necessity, 
and  the  duty  of  international  mediation  in  general,  are 
admitted  on  all  hands.  “A  nation  or  sovereign,”  says 
Vattel,  “ ought  to  promote  peace,  as  much  as  lies 
within  their  power ; to  dissuade  others  from  breaking 
it  without  necessity ; to  exhort  them  to  a love  of 
justice,  equity,  and  the  public  tranquillity,  and  to  a 
love  of  peace.  It  is  one  of  the  best  offices  we  can 
perform  to  nations,  and  to  the  whole  universe.  What 
a glorious  and  amiable  appellation  is  that  of  peace- 
maker ! The  most  glorious  period  of  Augustus’s  life 
was,  when  he  shut  the  temple  of  Janus,  adjusted  the 
disputes  of  kings  and  nations,  and  gave  peace  to  the 
universe.” 

It  is  unnatural  for  men  to  desire  their  own  harm. 
On  the  contrary,  they  make  great  sacrifices  for  the 
sake  of  avoiding  it.  In  their  social  capacity,  they 
submit  to  many  restrictions  and  burthens,  for  the  sake 
of  the  benefits  derivable  from  the  social  state.  That 
they  may  be  protected  in  the  enjoyment  of  “life, 
liberty,  and  the  pursuit  of  happiness,”  they  surrender 
to  society  their  personal  sovereignty,  assume  the 
burthens  incident  to  the  existence  of  civil  government. 


49 


CONGRESS  OF  NATIONS. 


475 


and  place  themselves  in  a condition  even  to  be  com- 
pelled to  do  as  society  requires.  Still  more  to  our 
purpose ; they  are  constantly  endeavoring,  by  means 
of  various  modifications,  to  render  war  itself  less 
afflictive  and  intolerable.  How  evident  is  it,  then, 
that  beings  so  tenacious  of  happiness,  and  so  adverse 
to  wretchedness,  will  avail  themselves  of  a practicable 
means  of  avoiding  so  great  an  evil  as  war,  when  fairly 
laid  before  them. 

The  case  of  the  duellist  has  already  been  brought 
into  view,  and  it  has  been  seen,  that  if  nations  will 
not  establish  an  international  tribunal,  they  cannot 
with  any  degree  of  consistency  proscribe  duelling.  I 
now  go  further  and  say,  that  war  is  far  worse  than 
duelling.  The  duellist  fights  his  own  battle ; and  if 
he  falls,  he  is  but  one  man,  and  merits  his  fate  be- 
sides, — because  he  voluntarily  fights,  if  for  no  other 
reason.  But  war  slaughters  its  victims  by  thousands, 
— victims  forced  into  its  service  against  their  own 
will,  — and  spreads  abroad  wretchedness  and  des- 
olation, vice  and  crime,  unknown  in  the  annals  of 
personal  combat.  Bad,  then,  as  we  readily  admit  the 
business  of  duelling  to  be,  it  is,  I had  almost  said, 
goodness  itself,  compared  with  war. 

I have  said,  that  I should,  in  this  Essay,  wave  the 
consideration  of  the  lawfulness  of  war  as  the  last 
resort.  But  there  are  several  particulars  relative  to 
this  point  which  merit  our  most  serious  attention. 
Under  the  Christian  dispensation,  wars  are  to  cease. 
The  Messiah  himself  is  denominated  the  Prince  of 
peace.  The  spirit  of  his  religion  is  the  very  reverse 


476 


CONGRESS  OF  NATIONS. 


50 


of  the  spirit  of  war.  And  it  is  matter  of  historical 
record,  that  at  least  the  generality  of  the  primitive 
Christians  refused  to  bear  arms,  alleging  as  the  rea- 
son, that  war  was  incompatible  with  their  religion. 
Taking  all  these  considerations  into  view,  it  is  evident 
that  Christendom,  in  adhering  to  the  war-system,  is 
not  fulfilling  her  high  vocation,  but  is  thwarting  the 
benevolent  design  of  the  religion  which  she  professes 
to  make  her  rule  of  action.  I do  not  say,  that  one 
Christian  nation  should,  for  the  sake  of  peace,  surren- 
der its  rights  to  another.  I wave  that  point  here. 
But  this  I say : that  the  nations  of  Christendom  are 
bound  by  their  religion  to  preserve,  in  one  way  or 
another,  the  peace  of  Christendom  ; and  that  their 
war  policy  is  unchristian,  and  unworthy  of  the  holy 
name  by  which  they  are  called.  Now,  if  the  means 
hitherto  used  have  been  found  inadequate  to  the 
preservation  of  peace,  let  them  make  trial  of  other 
means.  Let  them  make  trial  of  our  expedient,  which 
bids  so  fair  to  accomplish  the  object.  And  who  can  tell 
but  this  will  prove  the  very  measure  that  will  lead  to 
the  fulfilment  of  the  prediction  relative  to  the  peace- 
ful reign  of  the  Messiah  ? It  is  evident  that  some- 
thing must  be  done  which  has  not  been  done,  to 
prevent  war.  And  what  can  it  be  1 What  can  be 
done  in  the  case  of  Christendom,  that  receives  the 
Christian  religion  already,  and  yet  continues  her  wars 
as  if  she  were  still  heathen  ? What,  but  to  present 
her  with  a feasible  scheme  for  abolishing  war  without 
sacrificing  right,  and  then  to  demand  of  her,  in  the 
name  of  her  Lord,  to  adopt  it  ? 


51 


CONGRESS  OF  NATIONS. 


477 


War  is  not  only  unchristian  ; it  is  unworthy  of  civil- 
ized men.  And  for  this  assertion,  we  have  very  high 
authority.  “What  is  war?”  said  Napoleon,  when 
contemplating  the  sanguinary  scenes  of  Borodino. 
“ What  is  war  ? A trade  of  barbarians ! the  whole 
art  of  which  consists  in  being  the  strongest  on  a 
given  point.”  As  civilization,  then,  increases,  war 
must  decrease.  And  as  it  becomes  less  honorable,  it 
will  offer  less  inducement  to  ambition.  Even  now,  it 
is  sufficiently  unpopular  to  render  it  a dull  business  to 
the  soldier  of  fortune ; and  it  needs  only  that  a 
practicable  substitute  be  provided,  to  induce  him  to 
relinquish  it  as  a forlorn  hope,  after  the  failure  of  a 
Napoleon.  It  is  too  late  in  the  day,  mankind  have 
become  too  enlightened,  the  fireside  too  comfortable, 
society  too  well  regulated  and  refined,  for  war  to  be 
any  longer  a welcome  visitant.  The  warrior  begins 
to  be  viewed  in  his  true  light.  He  begins  to  be 
regarded  as  a destroyer  of  human  happiness ; while 
the  philanthropist,  whose  aim  is  the  benefit  of  man- 
kind, is  taking  precedence  of  him  in  public  opinion. 
These  things  augur  well  for  the  future  hopes  of  our 
race.  They  portend  a coming  era  of  tranquillity  — 
that  golden  age  chanted  by  poets  and  foretold  by 
seers,  when  nation  shall  not  lift  up  sword  against 
nation,  nor  learn  war  any  more.  And  is  it  not  possi- 
ble that  we  are  even  now  just  on  the  eve  of  that 
period  1 May  it  not  be,  that  we  have  fallen  on  the 
very  expedient  that  will  usher  it  in,  now  that  the 
world,  perhaps  for  the  first  time,  seems  prepared  to 
adopt  it.  We  trust  in  Heaven  it  is  even  so.  “Truth 


478 


CONGRESS  OF  NATIONS. 


52 


is  powerful,  and  will  prevail and  we  must,  therefore, 
believe,  that  our  plan  will  so  commend  itself  to  the 
good  sense  of  the  world  in  the  present  age  of  light, 
as  to  render  it  completely  successful.  True  it  is,  that 
its  origin  is  humble ; but  we  rely  on  its  own  intrinsic 
merits,  with  the  blessing  of  Heaven,  for  its  success. 
Twelve  humble  men  propagated  Christianity  through- 
out the  known  world.  One  mere  monk  shook  the 
throne  of  the  mightiest  pontiff  that  ever  wore  the 
triple  crown.  And  Heaven  grant,  that  this  effort  of 
an  humble  individual  may  at  least  aid  in  transforming 
this  Golgotha  world  into  one  immense  Eden,  which 
angels  would  delight  to  perambulate.  The  infant 
obscurity  of  a cause  is  frequently  its  infant  protection. 
It  rouses  not  the  powerful  opposition  which  a more 
conspicuous  origin  would  not  fail  to  excite,  and  which 
in  its  infancy  it  is  so  ill-fitted  to  endure.  Fortunate, 
then,  it  may  prove  for  the  cause  of  peace,  that  in  its 
infantile  period,  it  makes  but  little  noise  in  the  world, 
disturbing  not  the  slumbering  lions  of  war,  till  it  shall 
have  gained  sufficient  strength  to  chain  them  in  their 
lair ! 

There  are  but  few  crimes  in  society  punishable  with 
death ; and  to  inflict  it  for  a crime  not  thus  punishable, 
would  be  viewed  in  no  other  light  than  that  of  murder. 
One  individual  may  receive  actual  injury  from  another, 
for  which  the  latter  would  deserve  a certain  degree  of 
punishment.  But  though  he  would  be  guilty,  and 
deserve  punishment,  it  would  not  follow  that  he  would 
deserve  the  punishment  of  death.  And  should  the 
injured  party  inflict  death  upon  him  undeservedly,  he 


53 


CONGRESS  OF  NATIONS. 


479 


would  be  deemed  a murderer.  If,  in  addition  to  this, 
he  were  to  take  the  Uves  of  some  of  his  opponent’s 
family,  and  injure  the  rest  of  them  as  much  as  possible, 
at  the  risk,  and  perhaps  the  loss,  of  his  own  life,  and 
the  lives  of  some  of  his  family,  he  would  be  regarded 
as  a demon  in  human  form. 

To  apply  this  argument  to  the  case  of  nations. 
One  nation  may  actually  injure  another.  But  the 
injury  may  be  trivial,  deserving  but  a small  degree  of 
punishment.  Probably  it  would  not  be  deemed  of 
sufficient  importance,  in  a civil  point  of  view,  to  cost 
the  life  of  a single  citizen.  Yet,  for  this  small  offence, 
the  injured  nation  declares  war,  and  sacrifices  the 
lives  of  thousands  and  thousands  of  the  enemy,  and 
those,  too,  who  are  perfectly  innocent  of  the  crime ; 
and  sacrifices,  also,  as  many  more  of  its  own  citizens ! 
Now  we  ask,  most  solemnly,  by  what  name  this  vast 
sacrifice  of  life,  under  these  circumstances,  can  be 
called,  but  downright,  wholesale  murder.  There  is 
no  proportion  between  the  crime  and  the  punishment. 
Life  is  sacrificed  without  a sufficient  reason,  — sacri- 
ficed by  wholesale,  for  a fault  which  deserves  not  a 
single  death.  And,  in  addition  to  this,  there  is  all  the 
long  train  of  evils  incident  to  war,  to  be  taken  into 
the  account.  Really,  the  more  we  investigate  this 
subject,  the  more  unjustifiable  and  horrid  does  war 
appear.  It  professes  to  redress  injury,  but  inflicts  a 
thousand  fold  greater,  both  on  the  aggressor  and  the 
injured.  In  meting  out  justice,  it  becomes  itself  an 
instrument  of  injustice,  by  inflicting  more  punishment 
than  is  due.  It  is  an  unjust  punishment  for  injustice. 


480 


CONGRESS  OF  NATIONS. 


54 


and  far  worse  than  the  evil  it  is  designed  to  remedy. 
Before  a nation  can  be  justified  in  engaging  in  it,  the 
injury  received  must  not  only  be  clearly  ascertained 
to  be  an  injury,  but  to  be  one  of  sufficient  magnitude 
to  justify  the  destruction  of  thousands  of  innocent 
human  beings.  How  many  of  the  wars  that  have 
ever  been  waged,  would  pass  an  ordeal  like  this ! 
How  long  will  it  be  ere  nations  awake  to  the  awful 
guilt  involved  in  their  war-system,  and  adopt  a more 
appropriate  and  a more  justifiable  remedy  for  inter- 
national wrong ! After  all  the  wars  that  have  ever 
been  waged,  what  has  justice  gained?  what  have 
nations  gained  ? Rather,  what  have  they  not  lost  ? 
How  different  an  aspect  would  this  globe  present, 
had  it  never  been  desolated  by  war!  The  war- 
system  occasioned  more  evil  to  mankind  during  the 
last  half  century,  than  all  the  good  it  ever  obtained 
for  them,  since  the  world  began.  Justice,  truly! 
When  will  men  be  rational  ? When  will  they  follow 
the  instinct  of  their  own  nature,  even,  which  shrinks 
fi'om  harm,  and  studies  its  own  safety?  When  will 
they  act  worthy  of  human  beings,  worthy  of  rational 
creatures,  and  not  like  madmen  and  wild  beasts  ? 

As  war  is  a concern  of  nations,  its  abolition  requires 
the  concurrence  of  nations.  It  is  not  an  evil  that  can 
be  diminished  by  piecemeal,  like  intemperance,  and 
other  evils  of  a kindred  character.  The  conversion  of 
one  advocate  of  war  to  the  principles  of  peace  does 
not  diminish  the  number  of  wars,  as  the  conversion  of 
one  individual  from  intemperance  to  temperance 
diminishes  the  amount  of  that  evil.  Yet,  if  it  has  its 


55  CONGRESS  OF  NATIONS.  481 

disadvantages  in  this  respect,  it  has  its  advantages  in 
another.  While,  on  the  one  hand,  every  member  of 
society,  every  individual  of  the  human  race,  must  be 
temperate,  in  order  utterly  to  abolish  the  evil  of  in- 
temperance, on  the  other,  it  is  only  requisite  to  vrin  a 
majority  of  mankind  to  the  side  of  peace,  in  order  to 
abolish  war.  The  majority  in  a nation  acts  for  the 
whole.  Give  us,  then,  a majority  in  each  nation,  and 
we  will  have  peace  without  waiting  to  proselyte  all 
to  our  prmciples.  And  when  we  take  this  view  of 
the  subject,  we  find  our  confidence  greatly  strength- 
ened in  the  ultimate  and  speedy  success  of  our  pro- 
ject. Indeed,  we  are  led  to  believe,  that  long  ere  a 
complete  triumph  has  been  achieved  over  intemper- 
ance and  its  kindred  vices,  war  will  be  known  no 
more. 

The  members  of  society  are  required  by  their  rulers 
to  settle  their  disputes  by  reference  to  third  parties. 
In  calling  on  rulers,  therefore,  to  settle  international 
disputes  in  the  same  manner,  we  ask  them  to  do  no 
more  than  they  require  of  us.  The  requisition  being 
thus  mutual,  no  good  reason  exists  why  the  compli- 
ance with  it  should  not  be  the  same.  And  the 
people  will  be  reckless  of  their  own  claims,  unless 
they  insist  on  this  compliance  on  the  part  of  their 
rulers. 

The  fact  has  already  been  noticed,  that  men  in 
their  civil  capacity,  as  members  of  the  community, 
make  many  sacrifices  for  the  sake  of  the  general  good 
and  their  own.  In  this  relation,  man  not  only  sub- 
mits to  the  necessary  rules  and  regulations,  but 


61 


482 


CONGRESS  OF  NATIONS. 


56 


consents  to  their  being  enforced  upon  him;  thus 
descending  from  absolute  freedom  to  absolute  subjec- 
tion ; a far  greater  descent  than  for  nations,  composed 
of  individuals  thus  subjected  to  law,  to  refer  their 
international  disputes  to  the  mere  investigation  of  an 
impartial  tribunal,  without  recognizing  its  right  to 
enforce  its  decisions.  Nor  is  the  case  of  individuals 
the  only  one  of  the  foregoing  description.  The  feu- 
dal governments  relinquished  their  supremacy  to  that 
of  the  nation,  in  the  same  manner.  And  what  is  more, 
nations  themselves  have  submitted  their  disputes  to 
tribunals  empowered  to  enforce  their  decisions.  Yes, 
nations,  possessing  every  attribute  of  sovereignty,  have 
not  only  done  all  that  we  now  propose  to  nations  to 
do,  but  have  actually  consented,  for  the  sake  of  pre- 
serving peace,  to  the  enforcing  of  the  decisions  of 
impartial  tribunals  upon  themselves,  in  case  they 
should  prove  refractory. 

In  ages  long  gone  by,  ere  Homer  warbled  his  lay, 
or  Orpheus  strung  his  lyre,  a tribunal  was  established, 
denominated  the  Amphictyonic  Council.  Of  this 
Council,  Rollin  says,  “It  was  in  a manner  the  hold- 
ing of  a general  assembly  of  the  states  of  Greece. 
They  had  full  power  to  discuss  and  determine  all 
differences  which  might  arise  between  the  Amphic- 
tyonic cities.”  This  confederacy  originally  consisted 
of  twelve  independent  states  or  cities,  and  was  after- 
wards increased  to  thirty-one.  The  decisions  of  the 
Council  were  treated  with  the  highest  respect,  and 
held  inviolable.  It  ceased  not  to  exist,  till  after  the 
reign  of  Augustus  Caesar. 


57 


CONGRESS  OF  NATIONS. 


483 


The  next  instance  was  the  Achaean  League,  com- 
posed likewise  of  independent  Grecian  cities.  “ So 
great  was  their  character  for  justice  and  probity,  that 
the  Greek  cities  of  Italy  referred  their  disputes  to 
their  arbitration.  The  Lacedemonians  and  Thebans 
referred  to  them  an  interesting  matter  of  dissension 
between  them.”  Polybius  observes,  that  the  Achaeans 
so  far  gained  the  esteem  and  confidence  of  all  the 
Europeans,  that  their  name  became  common  to  all 
that  country.  This  League  was  in  a good  measure 
successful  in  preserving  peace  among  themselves,  and 
thereby  attained  to  an  unusual  degree  of  prosperity. 
But  being  less  careful  to  preserve  peace  abroad,  they 
were  at  length  overthrown,  A.  C.  146. 

The  Hanseatic  League,  composed  of  independent 
German  cities,  is  another  case  in  point.  “It  was 
confirmed  and  established  in  1226  and  1234,  and  an 
extraordinary  general  assembly  was  held  every  ten 
years,  in  which  they  solemnly  renewed  their  League, 
admitted  new  members,  and  expelled  old  ones,  if  they 
proved  refractory.  It  commenced  by  a league  be- 
tween the  cities  of  Lubeck  and  Hamburgh,  and  after- 
wards consisted  of  twelve  towns,  situated  near  the 
Baltic.  They  first  formed  a system  of  commercial, 
international  laws,  enacted  in  their  general  assemblies. 
The  League  afterwards  extended  to  seventy  or  eighty 
cities  and  towns.”  This  League  preserved  peace 
among  themselves ; but  engaging  after  a while  in 
foreign  wars,  they  were  by  degrees  reduced ; so  that 
they  comprise  at  present  but  three  cities,  viz.,  Lubeck, 
Hamburgh  and  Bremen. 


484 


CONGRESS  OF  NATIONS. 


58 


The  Helvetic  Union,  or  Swiss  Confederacy,  next 
presents  itselt.  The  Swiss  cantons  are  sovereign  and 
independent,  and  have  different  religions,  and  different 
forms  of  government.  Yet,  by  their  mode  of  referring 
their  disputes  with  one  another  to  arbiters  appointed 
for  the  purpose,  they  have  been  perfectly  successful 
in  preserving  peace  for  four  hundred  years. 

Our  own  Union,  though  not  the  same  kind  of  sam- 
ple as  the  foregoing,  is  one  quite  as  important  in 
another  point  of  view.  For,  though  the  states  com- 
posing it  are  not  sovereign,  having  ceded  the  prime 
attributes  of  sovereignty  to  the  general  government, 
such  as  the  right  to  make  war  and  peace,  to  make 
treaties,  to  coin  money,  to  lay  imposts  on  commerce, 
and  to  do  various  other  acts  indispensable  to  national- 
ity; yet  the  very  fact,  that  they  have  ceded  these 
rights,  for  the  sake  of  the  greater  benefit  resulting 
fi’om  the  Union,  shows  how  much  communities  can 
be  induced  to  do  in  this  respect,  by  the  presentation 
to  them  of  suitable  motives,  and  is  one  of  the  most 
encouraging  circumstances  to  the  friends  of  peace  that 
could  be  adduced ; giving  grounds  to  believe  that, 
for  the  attainment  of  so  great  a good  as  universal 
peace,  those  great  communities  denominated  nations 
can  be  induced  to  concede  the  absurd  right  of  sitting 
as  judges  in  cases  where  they  are  parties. 

By  the  foregoing  samples,  we  perceive  that  some- 
thing similar,  in  many  respects,  to  the  plan  we 
propose,  has  actually  been  long  known,  and  success- 
fully practised,  on  a small  scale.  The  objector  who 
was  not  previously  aware  of  this,  or  who,  being  aware 


59 


CONGRESS  OF  NATIONS. 


485 


of  it,  had  not  sufficiently  considered  it,  may  possibly 
begin  to  look  upon  our  scheme  as  not  quite  so  vision- 
ary as  he  before  supposed.  If  small  sovereignties  can 
be  induced  to  refer  their  disputes  to  an  impartial 
tribunal,  and  if,  by  this  means,  war  is  prevented 
among  them,  why  cannot  the  same  be  done  by  large 
sovereignties  1 It  will  be  said  that  force  was  recog- 
nized in  the  former  cases,  to  carry  decisions  into 
effect,  by  which  means  the  object  was  secured.  So 
much  greater  the  probability  that  our  scheme,  which 
requires  not  this  sacrifice  of  sovereignty,  will  be 
adopted — and,  leaving  the  observance  of  the  decisions 
to  honor,  that  it  will  prove  efficacious.  And  I think 
it  has  been  demonstrated,  that  no  compulsion,  no 
penalty,  no  pledge,  even,  would  be  necessary  to 
enforce  those  decisions.  And  this  I conceive  to  be 
more  compatible  with  the  dignity  of  nations.  Those 
great  bodies  of  rational  beings  ought  more  to  respect 
themselves  and  one  another,  than,  by  assenting  to  a 
penalty,  to  recognize  their  liability  so  to  violate  pro- 
priety as  to  disregard  the  decisions  of  an  impartial 
tribunal  to  which  they  might  appeal.  Besides,  their 
recognition  of  force  to  carry  those  decisions  into  effect, 
would  be  a surrendering  of  their  national  sovereignty 
into  the  hands  of  one  great,  central,  universal  govern- 
ment, which,  however  good  it  might  be,  would 
denationalize  themselves.  No  wonder,  then,  that  the 
scheme  of  Henry  IV,  of  France,  for  a Congress  of 
Nations,  based  on  this  coercive  principle,  did  not 
succeed.  Nations  cannot  be  expected  thus  to  dena- 
tionalize themselves.  They  are  the  radical  divisions 


486 


CONGRESS  OF  NATIONS. 


60 


of  mankind,  whose  distinctive  lines  have  been  traced 
by  the  finger  of  the  Almighty ; nor  is  it  reasonable  to 
expect  them  to  blend  in  one  general  mass,  till  those 
lines  shall  be  obliterated  by  the  same  omnipotent 
hand  that  drew  them.  But  they  can,  without  this 
amalgamation,  without  the  sacrifice  of  their  nationality, 
without  the  surrender  of  their  sovereignty,  refer  their 
disputes  to  a tribunal  clothed  with  no  authority  to 
enforce  their  decisions. 

Speaking  of  Henry  IV,  it  is  not  a little  remarkable, 
that  his  plan  should  be  adduced  as  a case  in  point, 
to  show  the  impracticability  of  ours.  The  two 
schemes  are  radically  different,  and  that  in  respect 
to  the  very  particular  which  rendered  his  abortive,  as 
already  shown.  But  it  is  more  remarkable  still,  that 
his  scheme  should,  by  some,  be  pronounced  far  supe- 
rior to  ours,  in  point  of  practical  wisdom.  Whether 
a project  to  revolutionize  all  Christendom  ; to  subju- 
gate and  partition  the  dominant  power  of  the  day ; to 
change  the  boundaries  of  states,  and  apply  to  them 
the  levelling  principle  of  agrarianism ; thus  interfering 
with  the  sovereignty  and  other  primary  rights  of 
nations,  and  introducing  innovations  and  changes 
innumerable,  is  more  evincive  of  practical  wisdom 
than  a proposition  to  draw  out  the  law  of  nations  into 
the  form  of  a code,  and  to  reduce  the  present  practice 
of  nations,  with  regard  to  arbitration,  to  an  orderly 
system,  is  for  the  reader  to  decide. 

But  why  this  doubt  in  the  case  of  nations,  when 
they  have  partially  adopted  our  scheme  already? 
From  1644  to  1814,  there  were  more  than  thirty 


61 


CONGRESS  OF  NATIONS. 


487 


convocations  of  temporary  congresses  of  nations, 
embracing  various  states  of  Europe.  “Wars  have 
been  terminated  by  them ; conflicting  jurisdictions 
have  been  settled ; boundaries  have  been  ascertained ; 
commercial  conventions  have  been  formed ; and,  in 
various  ways,  the  interests  of  friendly  intercourse 
have  been  promoted.”  And  though  some  Holland 
has  now  and  then  caused  a little  trouble,  this  no  more 
argues  against  the  general  utility  and  efficiency  of 
those  congresses,  than  does  the  occasional  resistance 
of  civil  law  by  particular  individuals,  against  the 
utility  and  efficiency  of  that.  Nor  can  the  contumacy 
of  a Holland  be  argued  against  our  scheme ; for,  as 
we  propose  no  compulsion,  there  would  of  course  be 
no  bloodshed  in  this  way ; and  as  to  compliance  with 
the  decisions  which  might  be  made,  it  does  not  follow 
that  a nation  would  not  voluntarily  submit  to  a 
decision  which  she  would  not  be  compelled  to  do ; 
especially  if  it  should  chance  to  be  a righteous  one. 
Nations  are  not  fond  of  having  it  said  of  them,  that 
they  are  intimidated  by  threats  and  military  demon- 
strations. Even  your  “ man  of  honor  ” will  not  make 
a just  concession  to  an  absolute  demand,  when,  at  the 
same  time,  he  would  readily  yield  it  to  the  judgment 
of  a board  of  honor.  How,  then,  can  it  he  expected 
that  a nation,  so  much  more  dignified,  and  standing 
so  much  more  upon  its  honor,  will  be  dragooned  into 
a measure  by  threats  of  coercion  on  the  part  of 
another  nation  or  two?  Had  all  Europe,  therefore, 
been  set  a-blaze  by  the  Holland  and  Belgium  question, 
this  could  not  have  been  made  an  objection  to  our 


488 


CONGRESS  OF  NATIONS. 


62 


scheme ; ours  would  have  prevented  the  conflagration, 
and  been  more  likely  to  secure  justice  besides. 

We  have  surveyed  the  existing  state  of  things,  and 
have  seen  that  there  is  already  a law  of  nations,  and 
a congress  of  nations ; both  of  which  are  open  to 
important  objections,  which  lie  not  against  our  plan. 
Ours  is  an  improvement  (and  a very  great  one)  on 
the  present  international  system.  It  is  better  adapted 
to  the  genius,  the  dignity  and  the  sovereignty  of 
nations.  It  presents  itself  in  a harmless,  unexcep- 
tionable form,  proposing  no  penalties,  no  entangling 
alliances,  no  intrusion  on  national  sovereignty,  no 
sacrifice  of  national  dignity,  but  affording  each  nation 
an  honorable  way  of  avoiding  war,  and  holding  out 
the  fairest  prospects  for  the  security  of  justice.  Will 
not  nations  adopt  this  scheme  1 Will  honorable 
nations  decline  the  adoption  of  this  plan,  which  appeals 
so  directly  to  their  honor?  Will  Christian  nations 
reject  so  Christian  a project?  Let  them  go,  then, 
and  take  a lesson,  on  this  point  of  their  religion,  from 
the  heathen — from  a Numa  Pompilius,  or  an  Antonius 
Pius  ; from  the  Chinese,  or  the  islanders  of  Loo  Choo  ; 
yea,  from  the  infidels  among  themselves ; from  that 
prince  of  infidels,  Voltaire.  Let  them  cast  their  eyes 
across  the  deserts  of  Namaqualand,  and  behold  an 
Africaner  standing  forth  in  all  the  sublimity  of  moral 
greatness,  expressing  the  deepest  regret  for  the  blood 
he  had  shed,  and  inviting  his  brother  chiefs  to  co- 
operate with  him  in  putting  an  end  to  war,  and  in 
establishing  a general  peace.  Will  Christendom,  in 
very  deed,  reject  this  project  ? Then  let  her  renounce 


63  CONGRESS  OF  NATIONS.  489 

her  Christian  name,  and  no  longer  subject  the  religion 
of  the  Prince  of  peace  to  the  taunts  of  unbelieYers. 
Let  her  no  longer  give  the  Jew  occasion  to  inquire, 
“Where  is  the  promise  of  the  peaceful  kingdom  of 
your  Messiah?”  nor  a Chinese  emperor  to  charge 
Christianity  with  “whitening  all  the  countries  where 
it  obtains  footing  with  human  bones.”  But  Christen- 
dom will  adopt  our  scheme.  “Mankind  have  sense 
enough,  in  general,  to  know  what  is  useful  to  them,” 
when  it  is  clearly  pointed  out,  “and  fortitude  enough 
to  embrace  the  means  of  their  own  happiness.” 

Needs  it  that  the  subject  be  pursued  ? What  objec- 
tion remains  ? Shall  we  be  told,  that  our  Congress 
might  not  always  be  unanimous  in  opinion.  And  is 
this  not  the  case  with  other  tribunals  ? Will  it  be 
objected,  that  it  might  be  equally  divided  on  a ques- 
tion, and  thus  come  to  no  decision  ? Let  the  presiding 
officer  give  the  casting  vote,  as  is  done  in  other 
instances.  But  rare,  indeed,  in  so  sage  a tribunal  as 
this,  would  such  cases  occur,  and  even  unanimity 
might  be  generally  expected.  In  all  plain  cases, 
decisions  would  undoubtedly  be  unanimous ; and  in 
those  which  might  be  so  doubtful  as  equally  to  divide 
such  a tribunal,  there  would  be  too  much  uncertainty 
relative  to  the  right  side,  to  justify  either  party  in  war ; 
and  the  Congress  might,  perhaps,  in  such  cases  rec- 
ommend a compromise.  Yet,  better  would  it  be  to 
have  every  question  decided  by  the  casting  vote  of  so 
venerable  a sage  as  would  naturally  be  called  to  pre- 
side in  the  Court  of  the  World,  than  by  barbarous, 
capricious  war.  That  justice  would  be  more  likely  tp 


62 


490 


CONGRESS  OF  NATIONS. 


64 


be  done  by  the  former  than  by  the  latter,  there  cannot 
be  a doubt.  It  is  also  beyond  all  question,  that  some 
wars  would  be  prevented  by  this  body.  What,  then, 
though  it  might  not  prevent  aU?  If  it  would  prevent 
any,  if  it  would  prevent  one,  what  excuse  can  rulers, 
can  nations  have,  for  refusing  to  establish  it  ? Surely, 
the  horrors  of  a single  war  are  a calamity  which  ought 
to  be  sufficient  to  call  forth  the  united  efforts  of  the 
human  race  to  avert  it.  We  are  informed,  that  the 
first  public  thanksgiving  ever  decreed  by  the  warlike 
Romans  to  any  civilian,  was  decreed  to  Cicero, 
because,  in  addition  to  preserving  the  city  from  con- 
flagration, and  the  citizens  from  massacre,  he  had 
saved  Italy  from  a war.  Allowing,  then,  that  our 
tribunal  would  prevent  a single  war,  or  even  have  a 
tendency  to  prevent  one,  it  ought  to  be  established. 
And  it  cannot  be  doubted  that  it  would  have  this 
tendency.  How,  then,  can  rulers  frame  an  excuse 
sufficiently  plausible,  to  enable  them,  with  any  color 
of  justification,  to  decline  the  adoption  of  the  plan 
we  propose?  One  government,  perhaps,  will  say, 
that  the  others  will  not  accede  to  the  measure.  Pro- 
pose it  then,  and  see.  Surely,  the  object  is  too 
important  not  even  to  be  proposed.  Let  no  nation, 
therefore,  feel  exonerated  on  this  point,  short  of  pro- 
posing the  measure  to  the  rest,  or  of  closing  with  it  if 
proposed  by  another.  And  O,  my  country,  be  thine 
the  imperishable  glory  of  sending  forth  this  blessed 
invitation  to  mankind ! Be  thine  the  high  destiny,  to 
call  the  world  to  peace.  Let  the  invitation  extend  to 
earth’s  remotest  bounds;  to  Turk, to  Persian,  to  Hin- 


65 


CONGRESS  OF  NATIONS. 


491 


doo  and  Chinese;  to  all  people,  nations,  kindreds, 
tongues,  that  dwell  on  the  whole  earth.  And  think 
ye  it  would  be  given  in  vain  ? Assuredly  no ! All 
heaven  would  smile  on  the  immortal  deed,  and  the 
assenting  response  of  nations  the  most  distant  would 
come  pealing  back,  like  the  roar  of  mighty  waters, 
“praising  God,  and  saying.  Glory  to  God  in  the  highest, 
and  on  earth  peace ; good-will  to  men.” 

These  anticipations  may  appear  visionary  and 
extravagant  to  some ; and,  for  argument’s  sake,  admit 
them  to  be  so.  Admit,  that  the  scheme  might  be 
considered  visionary  by  other  nations;  still  let  the 
proposal  be  made,  and  let  war  no  longer  be  called  the 
last  resort,  till  recourse  shall  have  been  had  to  this 
one.  But  should  a Congress  be  convened,  and  no 
effect  produced,  at  the  least  no  harm  would  be  done, 
and  nations  would  thereby  have  manifested  some 
disposition  to  put  an  end  to  this  horrid  evil.  But  until 
they  will  make  an  attempt  of  the  kind,  let  them  talk 
no  more  of  their  unwillingness  to  engage  in  war. 
Let  them  cease  to  appeal  to  heaven  and  earth  for  the 
justice  of  their  cause.  Let  them  cease  to  insult  the 
Majesty  on  high  with  their  hypocritical  supplications 
for  his  blessing  on  their  arms.  Let  them  know  that, 
till  they  will  make  trial  of  this  remedy  for  war,  they 
will  manifest  no  sincere  desire  to  avoid  it,  and  will  be 
guilty  of  the  most  abominable  hypocrisy  in  pretending 
to  deprecate  it,  and  the  most  horrid  guilt  in  embarking 
in  it.  And  of  this  hypocrisy,  this  guilt,  will  every 
individual  be  a partaker,  who  justifies  war  under  these 
circumstances.  War,  if  allowable  at  all,  is  so  only 


492 


CONGRESS  OF  NATIONS. 


66 


when  made  the  last  resort  in  reality.  But  to  leave 
any  probable  means  of  avoiding  it  untried,  and  to 
engage  in  it  under  such  circumstances,  is  not  to  make 
it  the  last  resort.  Our  plan,  if  adopted,  would  prob- 
ably be  the  means  of  preventing  some  war,  as  the 
most  skeptical  must  acknowledge.  From  these  plain 
and  undeniable  premises,  follows  the  unavoidable 
conclusion,  that  if  nations  will  not  make  trial  of  this 
expedient,  war  will  not  be  their  last  resort,  but  will  be 
wholesale  murder!  a heavy  charge  indeed,  but  one 
from  which  there  is  no  possibility  of  escape.  Let 
nations,  let  rulers,  let  individuals,  look  to  it ; for  all  are 
concerned.  Nations  have  no  right  to  permit  rulers  to 
involve  them  in  such  wars.  Rulers  have  no  right  to 
do  it.  And  individuals  have  no  right  to  aid  them  in 
doing  it.  Far  better  might  rulers  require  us  to  com- 
mit individual  murder,  than  this  murder  of  nations. 
Yet,  should  they  require  the  former,  how  quickly 
should  we  revolt  against  the  diabolical  requisition. 
Shall  we,  then,  at  their  bidding,  go  forth  and  murder 
thousands  in  the  field,  which,  for  aught  they  would 
ascertain  to  the  contrary,  might  have  been  spared  ? 

There  is  a very  prevalent  idea,  that  nations  are  not 
bound  by  the  same  moral  rules  which  are  obligatory 
on  individuals,  and  that  it  is  therefore  lawful  for  indi- 
viduals, when  required  by  rulers,  to  violate  those  rules 
which  govern  them  in  private  life.  Never  was  there 
a more  fallacious  and  a more  pernicious  idea.  The 
eternal  rule  of  rectitude  is  founded  in  the  nature  of 
things,  which  neither  time  nor  circumstance  can 
change  or  modify.  A nation  has  no  more  right  to  do 


67 


CONGRESS  OF  NATIONS. 


493 


an  act  of  injustice,  or  to  sacrifice  human  happiness 
and  life  in  a wanton  manner,  than  has  an  individual. 
What  is  a nation  but  an  aggregation  of  individuals, 
each  one  of  whom  is  under  certain  moral  obligations  1 
And  if,  in  one’s  individual  capacity,  he  has  no  right  to 
do  or  to  require  an  unjust  thing,  why  has  he  this  right 
as  a member  of  the  community  ? I feel  that  I have 
no  such  right.  And  if  I have  not,  another  has  not. 
And  if  neither  of  us  has  separately,  both  of  us  together 
have  not.  And  upon  the  same  principle,  three,  four, 
ten,  a thousand,  a whole  nation  would  not  have. 
Who,  then,  is  this  nation  of  which  we  hear  so  much, 
that  requires  of  its  citizens  acts  of  injustice  which 
they  have  no  right  to  commit  or  to  require  them- 
selves ? An  ideality,  an  imaginary  abstraction,  a moral 
monster,  possessing  all  the  attributes  of  personality 
save  one,  — conscience.  We  hear  of  national  dig- 
nity, national  honor,  national  vengeance,  national 
magnanimity,  national  spirit,  and  so  on ; and  it  is  no 
difficult  matter  to  find  claimants  for  these.  Rulers 
and  people  are  all  fond  of  their  full  share.  But  let 
the  subject  of  national  conscience  be  broached,  and 
lo ! the  phantom  nation  vanishes,  leaving  not  a trace 
of  its  identity  behind  ! It  is  individuality  all ! The 
scape-goat  abstraction  has  fled,  bearing  all  the  blame 
into  the  far  distant  wilderness,  the  individuals  who 
once  composed  the  same  nation  being  left  denation- 
alized and  faultless  behind ! Ask  each  of  those 
individuals  where  the  guilt  lies,  and  he  will  say,  not 
in  him,  but  in  the  nation.  Thus  would  they  make 
the  nation  something  separate  from  themselves. 


494 


CONGRESS  OF  NATIONS. 


68 


Suppose  ye  that  justice  is  to  be  defrauded  thus,  in 
the  day  when  inquisition  shall  be  made  for  blood  1 
Think  ye  the  all- scrutinizing  Eye  will  sanction  this 
flimsy  casuistry?  Human  attributes  without  human 
conscience  ? without  moral  volition  ? moral  responsi- 
bility ? No ! Nations  have  conscience,  have  moral 
volition,  moral  responsibility,  — and  have  guilt  too, 
guilt  of  enormous  magnitude,  and  of  the  deepest  die. 

Let  us  now  sum  up  our  subject  by  a brief  recapit- 
ulation. 

We  have  seen,  that  our  proposed  tribunal  would  be 
a better  umpire  than  war,  or  than  either  of  the  parties ; 
that  nations  are  not  absolutely  supreme;  that  they 
are  under  moral  obligation,  under  obligation  one  to 
another,  and  to  the  meanest  of  their  citizens ; that  they 
recognize  and  regard  a kind  of  international  law;  that 
they  do  not  consider  it  derogatory  to  their  honor,  even 
now,  to  refer  their  disputes  to  third  parties  ; that  great 
improvements  have  been  made  in  civil  jurisprudence, 
and,  therefore,  that  it  is  not  unreasonable  to  expect 
some  to  be  made  in  the  jurisprudence  of  nations ; 
that,  in  recognizing  international  law,  they  do  what 
would  be  equivalent  to  the  adoption  of  an  interna- 
tional tribunal,  seeing  no  consistent  objection  can  be 
made  against  the  existence  of  a tribunal,  by  those 
who  admit  the  propriety  of  law;  that  impartiality 
might  be  expected  of  such  a tribunal,  if  of  any  under 
heaven,  and  therefore,  that  men  might  quite  as  well 
object  to  civil  tribunals,  as  to  this,  — especially  when 
the  penalties  of  the  former  are  considered  ; that  men 
do  many  things,  and  make  many  sacrifices,  for  the 


69 


CONGRESS  OF  NATIONS. 


495 


general  good  and  their  own,  which  is  a source  of 
encouragement  to  lead  us  to  hope  that  whatever  may 
be  the  cause,  the  same  cause  may  lead  them,  with 
improved  views,  to  act  still  more  for  the  general 
good,  by  the  abohtion  of  war ; and  that  absurd  and 
cruel  customs  of  long  standing  have  been  abolished, 
and  hence,  that  it  is  not  unreasonable  to  hope  for  the 
abolition  of  this. 

We  have  not  proposed  the  adoption  of  the  princi- 
ple of  national  non-resistance,  but  a measure  similar 
to  that  which  is  adopted  for  the  settlement  of  individ- 
ual disputes.  We  have  seen  that  men  can  as  easily 
send  delegates  to  a Congress  of  Nations,  as  else- 
where, — and  as  easily  abide  by  its  decisions,  as  by 
the  decisions  of  other  tribunals  ; that  there  is,  there- 
fore, no  real  impracticabihty  in  the  case ; that  mankind 
barely  tolerate  war,  on  account  of  its  supposed  neces- 
sity ; that  there  is  no  other  necessity  for  it  than  that 
occasioned  by  the  management  of  unprincipled  rulers ; 
that  war  regards  not  the  merits  of  a case,  favors  the 
stronger  and  generally  the  wrong  party,  frequently 
leaves  disputes  undecided,  renders  justice  itself  in  a 
hard  and  an  incomplete  way,  infringes  on  national 
independence,  and  gives  full  scope  to  aggression  and 
ambition ; that  arbitration  is  entirely  the  opposite,  in 
these  particulars,  paying  regard  to  the  merits  of  a 
case,  favoring  right,  bringing  disputes  to  a decision, 
rendering  complete  justice,  respecting  national  inde- 
pendence, and  holding  aggression  and  ambition  in 
check ; that  the  reasons  against  war,  and  in  favor  of 
international  arbitration,  are  as  much  stronger  than 


496 


CONGRESS  OF  NATIONS. 


70 


those  against  duelling  and  in  favor  of  individual  arbi- 
tration, as  the  evils  of  war  exceed  in  number  and 
magnitude  those  resulting  from  personal  combat ; 
that  it  is  the  indispensable  duty  of  a nation  to  act  as 
mediator  between  unfriendly  powers ; that  it  is  as 
much  more  important  that  the  law  of  nations  be  plain 
and  explicit,  than  that  civil  law  be  so,  as  the  affairs  of 
nations  surpass  in  importance  those  of  individuals, — 
a condition  to  which  a Congress  of  Nations  only  can 
reduce  it ; that  a Congress  of  Nations,  acting  in  ac- 
cordance with  such  a code,  would  constitute  an 
arbitrator  vastly  superior  to  a temporary  individual 
arbitrator,  without  a code  ; that  the  establishment  of  a 
system  of  international  arbitration,  and  a Congress  of 
Nations,  would  induce  the  various  powers  greatly  to 
reduce  their  forces ; that  the  violation  by  a nation  of 
the  present  unsettled  international  law,  does  not  argue 
that  a settled  international  one  would  be  violated  ; 
that  the  project  of  Henry  IV  was  radically  different 
from  ours,  and,  instead  of  being  superior,  is  not  to  be 
named  in  the  same  connection ; that  there  have  been 
numerous  temporary  congresses  of  nations  already, 
which  have  done  much  for  the  general  weal;  that 
justice  ought  not  to  be  put  to  the  hazard  of  war;  that 
a nation  that  would  not  adopt  our  measure  would 
manifest  an  unwillingness  to  come  to  a fair  investiga- 
tion ; that  the  general  state  of  things  is  tending 
towards  the  very  measure  under  consideration  ; that 
its  propriety  is  recognized,  and  its  practicability  de- 
monstrated, by  actual  reference  of  international  dis- 
putes in  certain  cases ; that  the  necessity  of  general 


71 


CONGRESS  OF  NATIONS. 


497 


peace  is  admitted  on  all  hands  ; and  that  the  great 
powers  seem  determined  to  preserve  it. 

It  has  likewise  still  further  been  seen,  that  it  begins 
to  be  conceded  that  our  scheme  is  not  a mere  reverie 
of  good  men,  but  that  it  would  be  the  greatest  earthly 
blessing  conceivable;  that  many  distinguished  indi- 
viduals have  been  decidedly  of  the  opinion  that 
something  of  the  kind  would  inevitably  be  adopted ; 
that  the  rapid  increase  of  knowledge  is  another 
circumstance  favorable  to  it,  inasmuch  as  it  is  but  to 
enlighten  even  the  selfishness  of  men  to  make  them 
favorable  to  it ; that  it  is  unnecessary  to  wait  for  all 
nations  to  coincide  in  it,  before  commencing  it,  seeing 
two  or  three  can  make  a beginning  for  themselves ; 
that,  whatever  other  nations  might  do,  no  nation  is 
excusable  short  of  proposing  the  measure,  or  acceding 
to  the  proposition,  if  made  by  another ; that,  if  such  a 
proposition  were  to  be  made  by  a respectable  nation, 
there  is  reason  to  believe  it  would  be  hailed  with 
general  acclamation ; that  it  is  only  to  push  the 
measure  by  the  various  proper  means,  to  induce  this 
country  to  make  it ; that  the  magnitude  of  the  evil  of 
war  is  a reason  why  it  may  be  expected  that  men 
will,  on  becoming  more  enlightened  on  the  subject, 
abolish  it ; and  that,  as  moral  improvements  are 
continually  made,  as  many  evil  customs  have  been 
abolished,  as  war  itself  has  been  modified  from  the 
massacre  of  prisoners  to  occasional  reference,  and 
occasional  congresses  of  nations,  it  would  seem  even 
unreasonable  to  suppose  that  nations  will  not  take  one 

63 


498 


CONGRESS  OF  NATIONS. 


72 


step  more  in  the  march  of  improvement,  by  adopting 
the  measure  proposed. 

It  has  been  seen,  that  it  might  have  been  objected 
in  the  cases  of  all  the  obsolete,  barbarous  customs, 
previous  to  their  abrogation,  just  as  is  now  objected 
in  that  of  war,  that  had  there  been  any  practicable 
mode  by  which  they  could  be  abrogated,  it  would  not 
have  escaped  the  sagacity  of  so  many  wise  men,  but 
would  long  ere  now  have  been  adopted;  that  the 
power  of  rulers,  in  modern  days,  has  been  greatly 
diminished ; that  the  interests  of  the  people  are 
gaining  the  ascendency;  that  our  non-coercion  scheme, 
though  at  first  a seeming  objection  to  the  efficacy  of 
the  project,  proves,  on  thorough  investigation,  to  be 
the  very  reason  why  it  would  be  efficacious,  removing, 
as  it  would,  the  plea  of  the  point  of  honor  with  regard 
to  coercion ; that  the  causes  of  many  wars  are  so 
trivial  in  themselves  that  the  decisions  of  our  tribunal, 
by  rendering  it  no  point  of  honor  to  contend  for  them, 
w^OLild  thus  remove  the  plea  for  war  in  this  respect ; 
and  that  the  kind  of  war-manifesto  which  rulers  must 
issue  under  these  circumstances,  would  be  of  such  a 
nature,  that  no  nation  would  tolerate  it,  no  government 
put  it  forth. 

We  have  taken  into  consideration  the  mighty 
influence  of  public  opinion,  and  have  found  it  to  be 
an  all-sufficient  sanction  for  the  decisions  of  an  inter- 
national tribunal,  there  being  no  desperado  nations, 
no  nations  that  are  not  vulnerable  to  its  tremendous 
power;  from  which  considerations  it  follows,  that  it 


73 


CONGRESS  OF  NATIONS. 


499 


is  but  to  enlighten  this  opinion  on  the  subject  of  war, 
when  it  must  cease.  We  have  likewise  seen,  that 
public  opinion  measurably  secures  the  observance  of 
the  present  law  of  nations,  and  would  much  more 
readily  secure  that  of  an  improved  one,  issuing  from 
the  grand  Court  of  Nations ; that  public  opinion  is 
governed  by  expediency,  justice  and  selfishness ; all 
of  which  would  be  brought  to  bear  on  an  enlightened 
public  opinion  decidedly  in  favor  of  our  scheme ; 
that  public  opinion  includes  that  of  each  nation,  so 
that  rulers,  in  undertaking  war  in  opposition  to  it, 
would  not  only  act  contrary  to  the  opinion  of  other 
nations,  but  of  their  own ; that  international  law, 
without  an  international  tribunal,  is  a gross  absurdity ; 
that  such  law,  as  well  as  civil  law,  should  be  conven- 
tional ; that  nations  can  as  well  refer  their  disputes 
to  a third  party,  as  to  negotiate  respecting  them ; that 
such  reference  is  infinitely  better  than  war,  even  after 
negotiation;  that  the  existence  of  an  international 
tribunal  would  tend  to  lessen  the  number  of  cases  of 
dispute,  and,  by  protracting,  to  prevent  war  in  cases 
that  might  exist ; that  war  is  a bad  business  altogether, 
and  degrading  besides ; that  it  is  a barbarous  custom, 
and  must,  in  an  enlightened  age,  give  place  to  some- 
thing better  as  a substitute,  whenever  that  can  be 
devised ; that  an  international  tribunal  would  operate 
as  a check  upon  the  ambitious ; that  neither  of  the 
parties  to  a dispute  could  consistently  decline  its 
arbitration,  both  professing  to  believe  themselves  in 
the  right ; that  men  sacrifice  much  for  the  sake  of  the 


500 


CONGRESS  OF  NATIONS. 


74 


greater  good ; that  war  is  vastly  worse  than  duelling  ; 
that  Christendom  is  bound  by  her  religion  to  abandon 
her  war-policy,  and  adopt  our  scheme ; that  war  is 
a far  greater  evil  than  the  one  it  is  designed  to 
remedy ; that  a majority  only  is  requisite  to  its 
abolition ; that  the  people  should  require  their  rulers 
to  settle  international  disputes  in  an  amicable  manner, 
as  rulers  require  them  to  settle  theirs ; that  even 
among  the  heathen,  pacific  sentiments  sometimes 
predominate ; that  no  one  can  doubt  that  justice 
would  be  as  likely  to  be  secured  by  an  international 
tribunal  as  by  war;  that  some  wars  would  be  pre- 
vented by  the  establishment  of  our  tribunal,  or,  at 
the  least,  that  its  establishment  would  tend  to  the 
prevention  of  war ; and  that  there  can,  therefore,  be 
no  fair  excuse,  on  the  part  of  nations,  for  its  non- 
establishment, or,  at  all  events,  that  they  cannot  be 
excused  short  of  making  the  trial,  and  seeing  whether 
it  would  be  beneficial  or  not. 

And  now  I ask  the  reader,  if,  after  all  this  collection 
and  concentration  of  evidences  on  the  point,  he  can 
any  longer  consider  the  project  of  a Congress  of 
Nations  impracticable.  Nay,  can  he  suppose  that  it 
will  be  practicable  for  nations  much  longer  to  avoid 
the  establishment  of  one1  They  talk  of  visionary 
and  Utopian  schemes.  Who  are  the  visionaries? 
Those  who  believe  that,  in  the  progress  of  the  human 
mind,  nations,  after  having  done  so  much  for  the 
improvement  of  their  condition,  will  still  do  more; 
that  after  having  taken  so  many  steps,  they  will  take 


75  CONGRESS  OF  NATIONS.  501 

one  more  of  greater  consequence  than  any  they  have 
taken : or  those  who  suppose  that,  amid  constantly 
increasing  light,  ruin  will  still  be  permitted  to  “ drive 
his  ploughshare  over  creation,”  because  the  united 
wisdom  of  mankind  will  fail  to  perceive  and  adopt  a 
preventive,  when  plainly  laid  before  them  ? 

Who,  I ask  again,  are  the  visionaries  ? Is  it  vis- 
ionary to  expect  that  rational  beings  will  yet  discover 
and  promote  their  own  true  interest  in  a plain  and  an 
important  case ? Utopian!  What  is  Utopian ? What 
can  be  more  so,  than  to  suppose  that  nations,  after 
having  abolished  so  many  barbarous  customs,  will 
continue  much  longer  to  cling  to  this  one ; a custom 
more  barbarous,  more  horrid,  than  all  others  combined  ; 
a custom  better  befitting  beasts  than  men,  better 
suited  to  maniacs  than  to  rational  beings  ? Such  a 
custom  to  stand  the  test  in  this  age  of  light  1 Still  to 
continue?  To  keep  pace  with  human  improvement? 
To  ascend  with  it  to  the  summit  of  its  perfection? 
Utopian  I It  is  more  than  Utopian  to  expect  it  to 
continue.  The  marvel  is  that  it  has  continued  so 
long — that  it  was  not  the  first,  as  it  was  the  worst, 
relic  of  barbarism  to  be  discarded.  Ay,  it  is  strange, 
it  is  passing  strange,  that  beings  so  tenacious  of  their 
happiness  as  men,  did  not  meet  this  evil  on  the 
threshold ; that,  when  the  first  armies  were  marshalled 
in  battle  array,  when  first  the  earth  was  drenched 
with  human  gore,  and  severed  limbs  and  mangled 
frames  lay  scattered  over  the  plain,  they  did  not  with 
one  accord  declare,  that  it  should  rage  no  more. 


502 


CONGRESS  OF  NATIONS. 


76 


But  admit  our  project  to  be  Utopian.  Admit  that 
a proposition  for  a tribunal  of  the  kind  would  be  dis- 
regarded. Still  it  is  the  duty  of  a nation  to  make  the 
proposition,  ere  it  can  plead  innocence  in  relation  to 
war.  No  nation,  short  of  proposing  the  measure, 
and  having  it  actually  rejected,  can  lawfully  engage 
in  war  henceforth  and  for  ever!  But  should  the 
proposition  be  made  and  acceded  to,  and  a Congress 
of  Nations  be  convoked,  and  its  decisions  even  be 
disregarded  by  the  parties  to  whom  they  might  be 
adverse ; in  that  improbable  event  would  the  state  of 
things  be  no  worse  than  it  is  now.  For  suppose  the 
parties  to  go  to  war ; pray  is  there  not  war  without 
such  a tribunal  ? And  notwithstanding,  as  we  have 
seen,  our  tribunal  would  have  no  executive  to  enforce 
its  decisions,  but  would  leave  nations  as  much  at 
liberty  to  wage  war  as  before ; yet,  if  it  did  not  tie 
the  hands  of  the  aggressor,  neither  would  it  tie  those 
of  the  injured,  nor  of  the  spectator  nations.  It  would 
not  bid  those  spectator  nations  execute  its  will,  nor 
would  it  bid  them  not  do  it.  It  would  declare  what 
was  right,  and  leave  nations  to  take  such  a course  as 
they  might  choose. 

And  now  to  apply  the  subject,  and  to  draw  to  a 
close. 

To  check  evil,  to  relieve  wretchedness,  to  reform 
vice,  to  heal  the  physical  and  moral  maladies  that 
afflict  mankind  ; these  are  great  and  glorious  achieve- 
ments. While  the  sun  and  the  moon  shall  endure, 
the  glorious  memory  of  a Howard  shall  be  graven 


77 


CONGRESS  OF  NATIONS. 


503 


on  every  heart,  and  proclaimed  by  every  tongue.  It 
shall  be  but  another  name  for  philanthropy,  and  all 
nations  shall  call  him  blessed.  But  great  and  glorious 
as  it  is  to  correct  wrong,  and  relieve  wretchedness, 
how  much  greater,  how  much  more  glorious  must  it 
be,  to  prevent  those  evils.  Blessed  it  is  to  reform  the 
wretched  sot,  and  to  recover  him  from  his  misery,  and 
degradation,  and  sin  ; but  far  more  blessed  had  it  been, 
to  keep  him  from  those  evils,  by  keeping  him  in  the 
path  of  temperance.  How  much  wo,  how  much  sin, 
would  have  been  prevented ! How  vast,  how 
immense,  then,  the  field  spread  out  before  us,  in  the 
case  which  we  have  been  considering,  for  the  exer- 
tions of  benevolence.  To  recover  a nation  from  the 
crippled  state  in  w'hich  war  leaves  her,  is  a work  of 
many  years.  Nor  can  we  ever  assuage  past  grief,  or 
alleviate  past  misery,  or  restore  to  life  the  slain.  It  is 
done — the  afflictive,  bloody  work  ! The  dread  account 
is  closed,  to  be  unrolled  in  the  great  and  final  day  of 
doom ! And  yet,  it  is  joyous  to  restore  the  survivors 
to  their  former  prosperity.  It  is  glorious  to  recover  a 
nation  from  the  remediable  effects  of  war.  Thrice 
glorious,  thrice  glorious,  then,  must  it  be,  to  prevent 
war;  to  prevent  those  sighs,  and  groans,  and  tears, 
and  woes,  and  vices,  and  crimes,  and  horrors,  and 
murders. 

We  call,  then,  on  all  the  friends  of  humanity,  on 
all  that  are  worthy  of  the  name  of  man,  to  lend  their 
aid  in  this  momentous,  this  mighty  undertaking ; an 
undertaking  whose  object  and  whose  prospect  are  the 


504 


CONGRESS  OF  NATIONS. 


78 


pacification  of  the  world.  To  all  such  would  we 
say : If  you  value  human  life ; if  you  value  human 
happiness ; if  you  regard  your  country’s  prosperity ; 
if  you  deprecate  vice,  crime,  and  barbarism ; if  you 
love  justice;  if  you  are  friends  of  law  and  order;  if 
you  prize  the  rights  of  conscience ; if  you  care  for 
the  pleasures  of  home,  and  the  good  of  society ; if 
you  pity  the  poor ; if  your  hearts  expand  with  philan- 
thropy towards  the  human  race ; if  you  care  for  the 
bodies  and  souls  of  your  fellow-men; — then,  aid  us 
in  the  suppression  of  war.  Ye  have  your  societies 
for  this,  that,  and  the  other  object.  Ye  spend  a vast 
amount  of  time  and  treasure  in  promoting  the  details 
of  benevolence.  Abolish  war,  and  in  that  single  act 
you  would  prevent  more  evil  of  every  description, 
than  all  the  wealth  of  the  Indies  and  all  the  exertions 
of  the  whole  world  could  remedy,  to  the  end  of  time. 
What  a blessed  opening  is  here  for  the  doing  of 
good ! Who  will  decline  to  avail  himself  of  the 
opportunity  1 If  you  wish  to  promote  one  good 
object  particularly,  combine  your  efforts  with  those 
who  are  engaged  in  the  promotion  of  that  object. 
But  if  you  would  promote  every  good  object  at  once, 
and  that  in  the  most  efficient  way,  namely,  by  the 
prevention  of  evil  of  every  description,  unite  your 
efforts  with  ours  in  the  great  cause  of  peace.  No 
wonder  that  the  Messiah  is  called  the  Prince  of  peace. 
No  wonder  that  it  was  predicted,  as  the  distinguishing 
blessing  that  was  to  signalize  his  reign,  that  “nations 
should  learn  war  no  more.”  How  could  the  benign 


79 


CONGRESS  OF  NATIONS. 


.505 


character  of  his  religion  be  better  represented,  than 
by  showing  that  it  was  calculated  to  overthrow  this 
hydra  evil?  Thrice  blessed  Gospel ! by  thy  hallowed 
influence  all  these  commotions,  all  these  heart-burn- 
ings, all  these  divisions  and  contentions  shall  end ; 
man  stand  erect  in  the  enjoyment  of  his  unshackled 
rights,  and  roam  unrestricted  to  the  ends  of  the  earth  ; 
nation  commingle  with  nation,  divested  of  jealousy, 
rivalry,  and  prejudice,  their  interests  no  longer  con- 
flicting ; and  the  whole  race  of  men  constitute  one 
general  brotherhood,  one  immense  and  happy  com- 
munity ! 

Shall  these  blessed  anticipations  be  realized  ? 
What  prevents  ? Where  is  the  friend  of  human  kind 
that  will  not  do  what  in  him  lies,  to  produce  this 
glorious  consummation  ? And  where  the  wretch  who, 
for  pelf  or  fame,  for  obstinacy  or  revenge,  would  dare 
throw  obstacles  in  the  way  ? Breathes  there  so  vile 
a recreant  the  air  of  heaven  ? Or  if,  indeed,  such 
wretches  can  be  found,  will  men  permit  them  thus 
to  do  ? 


“ War  is  a game, 
Which,  were  the  people  wise. 
Kings  would  not  play  at.” 


Heaven  knows  it  to  be  a wanton,  wicked  waste  of 
life.  Heaven  knows,  that,  unless  made  the  last  resort 
in  reality,  it  is  murder,  — wholesale  murder.  And 
Heaven,  too,  knows,  that  it  cannot  be  called  the  last 
resort,  till  the  plan  which  we  propose  shall  at  least 
have  been  proved  impracticable,  by  a fair  and  an 
honest  trial. 


64 


506 


CONGRESS  OF  NATIONS. 


80 


Ye  nations  of  the  world!  Ye  rulers  and  people! 
Ye  individual  men ! Will  you,  dare  you,  still  pursue 
the  work  of  death  under  these  circumstances  7 Still 
pursue  it  when  you  know,  that  all  has  not  been 
attempted  which  should  be,  for  the  preservation  of 
peace?  Plead  you  the  justice  of  your  cause?  It  is 
unjust,  then,  for  you  to  hazard  it  by  war,  till  every 
other  expedient  shall  have  failed.  The  all-wise  Being 
who  regulates  the  world,  has  not  so  arranged  affairs, 
that  all  this  destruction  of  his  rational  creatures  by  the 
hands  of  one  another  is  unavoidable.  It  were  an 
impeachment  of  his  character  to  suppose  he  has. 
No.  There  is  a way  by  which  it  may  be  avoided,  or, 
at  least,  which  you  have  not  ascertained  to  be  an 
impracticable  scheme.  Refusing  to  make  trial  of  it, 
you  do,  by  embarking  in  war,  take  the  life  of  your 
fellow-beings  before  you  know  it  to  be  necessary. 
If  this  is  not  murder,  nothing  is  so.  By  all,  then,  that 
is  awful  in  murder,  stay  your  hand.  If  there  be  a 
God  in  existence,  and  that  God  a God  of  justice,  he 
will  surely,  surely,  execute  judgment  for  the  blood 
thus  shed  ; not  merely  a national  judgment,  which 
falls  on  the  innocent  as  well  as  the  guilty,  while  some 
of  the  latter  escape,  but  an  individual  judgment,  and 
such  a one  as  he  has  in  store  for  the  murderer,  whether 
it  be  here  or  hereafter.  Say  not,  ye  people,  that  ye 
must  obey  your  rulers  in  a case  like  this,  — a case  of 
wholesale  murder.  You  have  no  right  to  permit 
them  to  declare  such  war.  Say  not,  ye  rulers,  that 
ye  are  not  acting  for  yourselves,  but  for  the  people. 


81 


CONGRESS  OF  NATIONS. 


507 


You  have  no  right  to  act  thus  for  them.  Think  not 
to  escape  responsibility  thus.  Not  responsible  in- 
deed ! when  you  claim  the  obedience  of  millions,  and 
when  for  this  very  reason  they  think  to  transfer  all 
their  responsibility  to  your  shoulders ! Men  may 
denominate  this  wholesale  murder  heroism ; but  God 
will  pronounce  it  murder,  just  as  he  will  the  destruc- 
tion of  the  Ufe  of  one  man  by  another  in  a private 
quarrel,  occasioned  by  non-reference  of  their  dispute 
to  a third  party  ; just  as  he  will  the  deed  of  the  duel- 
list,  who,  deeming  a court  of  justice  insufficient, 
sacrifices  the  life  of  his  antagonist,  and  perhaps  his 
own,  to  false  honor? 

Are  these  things  really  so  ? Are  they  not  so  ? Is 
it  possible  to  come  to  any  other  conclusion  ? It  is 
absolutely  impossible.  Avoidable  war,  war  that  is  not 
really  the  last  resort,  is  positive,  is  wholesale  murder. 
And  while  an  expedient  is  untried,  it  is  not  the  last 
resort. 

Hear,  then,  ye  nations,  ye  rulers  and  ruled,  ye 
individuals  of  the  human  race,  one  and  all,  who 
sanction  such  war.  Whenever  you  declare  war,  you 
utter  a deliberate  falsehood  in  the  face  of  the  whole 
universe,  by  denominating  it  your  last  resort.  When- 
ever you  march  to  the  scene  of  action,  you  go  to  the 
work  of  murder.  Whenever  you  fire  a gun,  you  let 
fly  the  lead  of  the  murderer.  Whenever  you  smite 
with  the  sword,  you  deal  the  blow  of  the  murderer. 
Whenever  you  make  use,  in  any  manner,  of  the 
implements  of  destruction,  you  wield  the  weapons  of 


508 


CONGRESS  OF  NATIONS. 


82 


the  murderer.  Disguise  the  subject  as  you  may ; 
call  your  deeds  by  what  name  soever  you  please ; 
flourish  your  trumpets,  and  wave  your  banners,  and 
glitter  in  lace  as  you  may  ; still  the  blood  of  murder 
stains  your  hands,  and  the  guilt  of  murder  pollutes 
your  souls:  and  there  indelible  will  they  remain,  though 
the  trump  of  fame  should  blazon  your  deeds  to  the 
boundaries  of  the  universe,  and  the  archives  of  history 
transmit  your  names  from  generation  to  generation, 
till  time  shall  be  no  more ! 


ESSAY 

ON  A 

CONGRESS  OF  NATIONS, 


FOR  THE  ADJUSTMENT  OF  INTERNATIONAL  DISPUTES,  AND  FOR  THE 
PROMOTION  OF  UNIVERSAL  PEACE,  WITHOUT 
RESORT  TO  ARMS. 


BY  WILLIAM  LADD. 


A 


V 


i ',.,  ,i  ■'/  •; 'im  ■ h > ■ 

■ .'  .■  / 1 a/'  .‘-i.-i '•  :<>  /is'ii’i'of,  ( iHa 


1 t 


I 


t 


S 


ADVERTISEMENT. 


As  this  Essay  is  expected  to  go  ont  to  the  world  as  a 
separate  pampldet,  or  volume,  as  well  as  to  be  bound  up 
with  the  Prize  Essays  on  a Congress  of  Nations,  published 
by  the  American  Peace  Society,  it  is  necessary  to  notify 
those  to  whom  it  may  come  separate  of  this  circumstance. 
Thirty-five  of  the  dissertations,  out  of  a greater  number — I 
believe  about  forty  — which  were  handed  in  for  the  purpose 
of  claiming  the  reward  offered  by  two  gentlemen  of  New 
York,  through  the  American  Peace  Society,  have  been 
read  by  me.  Others  have  been  withdrawn,  some  of  which 
have  been  published  by  the  authors  of  them.  The  Society 
concluded  to  accept  the  advice  of  the  first  committee  of 
award,  — the  Hon.  Messrs.  Story,  Wirt  and  Calhoun, — 
to  publish  the  five  best  Essays ; as  the  second  committee, 
consisting  of  Ex-president  Adams.  Chancellor  Kent  and 
the  Hon.  Daniel  Webster,  did  not  agree  on  the  successful 
competitor.  The  Peace  Society  appointed  a committee  of 
their  own  body  to  select  five  of  the  best  dissertations  for 
publication,  having  an  eye  to  the  awards  of  the  above- 
named  committees,  and  directed  me  to  add  a sixth,  taking 
all  the  matter  from  the  rejected  Essays  worth  preserving, 
which  is  not  contained  in  the  Essays  selected  for  publica- 
tion. I have  attended  to  this  duty.  In  reading  over 
these  Essays,  I noted  down  every  thought  worth  preserv- 
ing; and  I present  them  here  in  a body,  with  such 
reflections,  additions  and  historical  facts  as  occurred  to 
me  during  my  labor ; so  that  my  claim  to  originality,  in 
this  production,  rests  much  on  the  thought  of  separating 


IV 


ADVERTISE  MK  NT. 


the  subject  into  two  distinct  parts,  viz.,  1st.  A congress  of 
ambassadors  from  all  those  Christian  and  civilized  nations 
who  should  choose  to  send  them,  for  the  purpose  of  settling 
the  principles  of  international  law  by  compact  and  agree- 
ment, of  the  nature  of  a mutual  treaty,  and  also  of  devising 
and  promoting  plans  for  the  preservation  of  peace,  and 
meliorating  the  condition  of  man.  2d.  A court  of  nations, 
composed  of  tlie  most  able  civilians  in  the  world,  to 
arbitrate  or  judge  such  cases  as  should  be  brought  before 
it,  by  the  mutual  consent  of  two  or  more  contending 
nations  ; thus  dividing  entirely  the  diplomatic  from  the 
judicial  functions,  which  require  such  different,  not  to  say 
opposite,  characters  in  the  exercise  of  their  functions.  I 
consider  the  Congress  as  the  legislature,  and  the  Court  as 
the  judiciary,  in  the  government  of  nations,  leaving  the 
functions  of  the  executive  with  public  opinion,  “the  queen 
of  the  world.”  This  division  I have  never  seen  in  any 
essay  or  plan  for  a congress  or  diet  of  independent  nations, 
either  ancient  or  modern;  and  I believe  it  will  obviate  all 
the  objections  which  have  been  heretofore  made  to  such  a 
plan. 

William  Ladd. 

Boston,  January,  1840. 


ESSAY. 


CHAPTER  I . 

INTRODUCTION  AND  GENERAL  REMARKS. 

1.  Self-love — 2.  Man  a social  being — 3.  Man  as  a rational  being  seeks 
alliance  of  others — 4.  Of  Conquest — 5.  Of  voluntary  government — 
6.  Safety  the  chief  object  of  government — 7.  Nations  moral  persons 
— 8.  International  Law  necessary  for  their  govermnent — 9.  Difficul- 
ties anticipated — 10.  Extent  of  the  organization — 11.  Want  of  power 
to  enforce  decrees. 

1.  Self-love  is  a passion  universally  predominant 
in  the  animal,  man.  It  was  born  with  him,  is  inherent 
in  his  nature,  and  is  the  mainspring  of  all  his  actions, 
while  he  continues  in  his  natural  state.  In  this  state, 
man  seeks  the  gratification  of  his  animal  passions, 
without  regard  to  the  welfare  of  others.  As  this  is 
the  case  with  every  man  in  a state  of  nature,  it  fol- 
lows, that  every  man  is  liable  to  come  into  conflict 
with  every  other  man  in  his  immediate  neighborhood, 
and  to  resort  to  violence  to  gratify  his  lusts  and 
passions.  Hence,  as  was  observed  by  Hobbes,  “the 


55 


514 


CONGRESS  OF  NATIONS. 


6 


natural  state  of  man  is  war,”  in  which  the  strong  and 
the  cunning  will  always  obtain  the  mastery  over  the 
weak  and  unsuspecting;  and  will  rob,  murder,  and 
enslave  them,  whenever  they  think  it  expedient. 

2.  But  man  is  a social  being,  and  he  feels  it  not 
good  for  him  to  be  alone ; and  he  chooses  to  himself 
a partner  of  his  joys  and  sorrows,  whom,  by  force, 
fraud,  or  persuasion,  he  obtains.  A family  of  children 
is  the  consequence.  The  parents  are  bound  to  one 
another,  and  to  their  children,  by  a softer,  but  as 
strong,  a tie  as  self-love — or  rather  it  is  self-love 
extended  to  their  partner  and  to  their  children. 
Hence  come  families,  the  germs  of  nations,  bound 
together  by  affection  to  their  clan,  and  governed,  by 
patriarchal  authority,  until  they  find  it  convenient  or 
necessary  to  part,  and  each  individual  becomes  the 
germ  of  a new  family,  tribe,  or  nation. 

3.  But  man  is  also  a rational  animal,  and  he  soon 
perceives  that  there  are  enjoyments  which  can  more 
easily  be  procured  by  persuasion,  than  by  force ; and 
that  though  he  may  be  stronger  than  another  individ- 
ual, two  other  individuals  may  be  stronger  than  he  — 
that  he  cannot  always  be  on  the  watch  to  preserve 
the  property  he  has  acquired  by  robbery,  the  chase, 
or  agriculture  — and  that  he  also  is  subject  to  incon- 
venience from  the  theft,  or  violence,  of  others ; hence 
he  soon  finds  himself  compelled  to  make  a certain 
convention,  or  agreement,  with  others,  both  inferiors 
and  equals,  both  as  an  individual  and  as  the  head  of 
a tribe.  These  compacts  are  guaranteed  by  religion, 
public  opinion,  and  certain  undefined  laws  of  honor 


7 


CONGRESS  OF  NATIONS. 


515 


dependent  on  them ; but  most  of  all  by  a general 
perception  of  the  truth,  that  the  happiness  of  the 
whole  is  best  promoted  by  the  subservience  of  the 
interests  of  the  few  to  the  interests  of  the  many. 

4.  It  would  be  pleasing  to  the  philanthropist,  if  he 
could  conceive  that  the  ways  abovementioned  were 
the  only  ones  in  which  states  have  been  formed ; but, 
unhappily,  it  is  not  so.  From  the  first  ages,  Nimrods, 
mighty  men  of  war,  by  force  or  fraud,  have  enslaved 
other  men,  held  them  in  bondage  and  vassalage,  and 
been  obliged  to  make  laws  for  them,  which  have  con- 
tinued, with  more  or  less  severity,  until  those  slaves 
and  vassals  have  become  more  enlightened,  and  taken 
a part,  or  the  whole,  of  the  government  into  their  own 
hands. 

5.  In  some  few  cases,  the  people,  feeling  their 
incompetency  to  govern  themselves,  have  been  willing 
to  continue  under  the  paternal  government  of  the 
elder  branch  of  the  family,  and  hereditary  monarchy, 
at  times  accompanied  with  a change  in  the  reigning 
family,  has  followed.  Under  these  various  forms  of 
government,  man  has  been  infinitely  happier,  than  he 
would  have  been  in  a state  of  nature  and  anarchy ; 
and  generally  nations  have,  naturally  and  without 
consultation,  taken  that  form  of  government  best 
adapted  to  the  people.  For  many  nations,  absolute 
monarchy  is  best,  for  some  a limited  monarchy,  for  a 
few  a republican  form,  and  for  a few  very  small  states, 
even  a pure  democracy  is  perhaps  the  best ; but  the 
different  features  of  all  these  forms  of  government 
are  variously  combined  in  infinite  diversity,  according 
to  the  genius  of  the  people  governed. 


516 


CONGRESS  OF  NATIONS. 


8 


6.  The  chief  end  and  purpose  of  government  is,  to 
prevent  one  person  from  injuring  another ; so  that 
every  one  may  sit  under  his  own  vine  and  fig-tree, 
with  none  to  molest  or  make  him  afraid.  This  is  the 
object  of  all  our  laws,  and  all  the  expensive  machinery 
of  government,  which  has  taken  care  that  no  individ- 
ual should  molest  his  neighbor ; and  when  disputes 
arise,  so  far  from  leaving  each  individual  to  take  his 
cause  into  his  own  hands,  governments  have  provided 
courts  of  law  to  decide  the  controversy.  In  many 
governments,  the  legislative  has  been  entirely  sep- 
arated from  the  judicial  power,  and  the  executive 
from  both.  In  all  of  them,  the  impartiality  of  the 
judicial  power  has  been  in  a ratio  equal  to  the  knowl- 
edge and  virtue  of  the  people.  In  some  of  these 
governments,  laws  have  been  made,  not  only  for 
securing  the  rights  of  private  individuals,  but  also  of 
bodies  corporate,  and  even  of  component  parts  of  the 
empire  which  are  for  many  purposes  independent. 
No  such  thing  has  yet  been  done  with  respect  to 
nations,  though  courts  have  been  instituted,  to  decide 
controversies  which  have  arisen  between  two  or  more 
members  of  the  same  confederacy  of  nations.  Our 
object  is  to  go  one  step  further,  and  appoint  a court, 
by  which  contests  between  nations  shall  be  settled, 
without  resort  to  arms,  when  any  such  controversy 
shall  be  brought,  by  mutual  consent,  before  it. 

7.  By  consent  of  all  writers  on  international  law, 
nations  are  considered  as  individual,  moral  persons, 
perfectly  equal  and  independent  of  one  another. 
Therefore,  the  same  moral  laws  which  ought  to  govern 


9 COJVGRESS  OF  NATIONS.  517 

individuals,  ought  to  govern  nations.  What  is  wrong 
for  an  individual,  is  wrong  for  a nation.  In  the 
intercourse  of  these  moral  persons,  disputes  will  arise, 
injuries  will  be  done,  retaliation  and  revenge  will 
follow,  and,  unless  some  means  of  terminating  their 
disputes  by  amicable  and  rational  methods  are  devised, 
war  will  be  the  consequence.  There  are  three  ways 
already  in  use,  whereby  war  may  be  avoided.  The 
first  is,  by  cultivating  a spirit  of  peace,  which  is  the 
spirit  of  the  gospel,  and  is  as  much  the  duty  of  nations 
as  it  is  of  individuals;  by  this  means,  injuries, 
especially  if  not  very  grievous,  will  be  overlooked,  or 
be  passed  by  with  a bare  remonstrance,  and  an 
appeal  to  the  moral  sense  of  the  nation  that  has 
inflicted  the  injury.  The  second  is,  by  negotiation, 
where  the  subject  in  dispute  is  formally  discussed 
and  settled  by  reparation  or  compromise.  If  this 
cannot  be  done,  the  next  step  is  mediation  of  a friendly 
power,  accompanied  with  arbitration  and  the  accep- 
tance of  the  award.  The  last  resort  is  war,  which 
commonly  increases,  instead  of  remedying  the  evil. 
We  propose  a plan  more  likely  to  procure  justice  than 
either  of  these. 

8.  As  government  is  an  ordinance  of  God,  neces- 
sary for  the  safety,  happiness  and  improvement  of  the 
human  race,  and  as  it  is  absolutely  necessary  for  the 
peace  of  society,  that  when  the  selfish  passions  of 
man  come  in  conflict,  the  judgment  of  the  case  should 
not  be  left  with  the  individuals  concerned,  but  with 
some  impartial  tribunal ; so  it  is  equally  necessary,  for 
the  peace  and  happiness  of  mankind,  that  when  the 


518 


CONGRESS  OF  NATIONS. 


10 


selfish  passions  of  nations  come  in  conflict,  the  decis- 
ion of  the  case  should  not  be  left  with  an  individual 
nation  concerned,  but  should  be  referred  to  some 
great  tribunal,  that  should  give  a verdict  on  the  affairs 
of  nations,  in  the  same  manner  that  a civil  court  de- 
cides the  disputes  of  individuals.  If  it  was  desirable 
for  individuals,  bodies  politic,  and  small  independent 
tribes,  to  unite  in  some  general  system  of  jurispru- 
dence, why  is  it  not  equally  desirable  for  large  tribes 
and  nations  to  do  the  same  ? 

9.  There  are  two  difficulties  in  the  way,  which 
require  our  attention ; but  it  will  be  found  that  they 
may  as  easily  be  removed  as  were  the  difficulties 
attending  the  commencement  and  advancement  of 
institutions  for  the  adjudication  of  difficulties  arising 
between  individuals.  The  first  of  these  is  the  want 
of  a body  of  men  to  enact  and  promulgate  laws  for 
the  government  of  nations  ; the  other  is  the  want  of  a 
physical  force  to  carry  the  decisions  of  a court  of 
nations  into  execution. 

10.  As  to  the  first  difficulty,  the  formation  of  what 
we  call  a Congress  of  Nations  is  no  greater  than 
the  assembling  of  any  convention  for  the  enactment 
of  laws,  by  mutual  consent,  for  the  government  of  the 
parties  represented.  It  is  not  expected,  that  such  a 
combination  of  powers  would  be  of  a very  great 
geographical  extent,  as  it  could  only  embrace  the 
most  civilized,  enlightened,  and  Christian  nations  that 
could  be  represented  at  one  great  diet,  by  their 
ambassadors  ; and  there  form  a league  and  covenant, 
each  with  every  one,  and  every  one  with  each,  that 


11 


CONGRESS  OF  NATIONS. 


519 


they  would,  in  their  future  intercourse,  be  governed 
by  the  laws  enacted  by  the  diet  or  congress  and 
ratified  by  the  governments  of  all  the  powers  so 
represented.  The  world  has  now  a kind  of  code  of 
voluntary  international  law,  laid  down  by  eminent 
civilians,  which  is,  for  the  most  part,  respected,  but 
which  is  not  confirmed,  by  any  compact  or  agreement, 
and  on  which  the  authors  themselves  often  differ,  so 
that  what  is  now  called  the  law  of  nations,  is  but  little 
better  than  a nose  of  wax,  which  may  be  twisted 
either  way,  to  suit  the  purposes  of  dominant  nations. 

11.  The  magnitude  of  the  second  difficulty  is 
apparently  greater,  but  it  will  be  much  reduced  by 
reflection.  It  is  true,  it  would  not  comport  with  the 
peace  and  happiness  of  mankind,  to  invest  rulers  with 
the  power  to  compel  an  acquiescence  in  the  decisions 
of  a Court  of  Nations  by  arms;  but  if  we  look 
into  the  condition  of  man  in  a state  of  civilization,  it 
will  be  found,  that  where  one  man  obeys  the  laws  for 
fear  of  the  sword  of  the  magistrate,  an  hundred  obey 
them  through  fear  of  public  opinion.  But  I would 
further  observe,  1st,  that  public  opinion  has  not  yet 
been  made  to  bear  on  nations,  and  little  or  no  means 
have  hitherto  been  used  to  make  it  bear  on  them. 
The  plan  we  propose  is  one  of  the  means  eminently 
adapted  to  make  it  bear  on  them,  as  will  be  shown 
in  the  sequel.  2.  We  do  not  know  what  means  the 
congregated  wisdom  of  Christendom  may  devise  for 
the  enforcement  of  the  decisions  of  a court  of  nations, 
by  so  regulating  the  intercourse  of  nations  that  a 
refractory  member  might  be  made  to  feel  that  its  duty 


520 


CONGRESS  OF  NATIONS. 


12 


is  its  true  interest.  3.  As  it  is  not  intended  that  this 
court  of  nations  shall  judge  any  cases  but  such  as 
are  submitted  to  it  by  the  mutual  consent  of  both 
parties  concerned,  its  decisions  will  have  as  much  to 
enforce  them  as  the  decisions  of  an  individual  um- 
pire, which  has  so  often  settled  disputes  between 
nations.  4.  Though  at  the  commencement  of  this 
system,  its  success  may  not  be  so  great  as  is  desira- 
ble, yet,  as  moral  power  is  every  day  increasing  in  a 
geometrical  ratio,  it  will  finally  take  the  place  of  all 
wars  between  civilized  and  Christian  nations,  much 
in  the  same  manner  as  a civil  court  has  taken  the 
place  of  the  judicial  combat.  With  these  preliminaries 
we  now  proceed  to  a more  minute  consideration  of  a 
Congress  and  a Court  of  Nations,  each  by  itself. 


13 


CONGRESS  OF  NATIONS. 


521 


CHAPTER  II. 

ON  THE  ORGANIZATION  OF  THE  PROPOSED  CONGRESS  OF  NATIONS. 

1.  A Congress  of  Nations  a separate  thing  from  a Court  of  Nations — 
2.  Organization  of  tlie  Congress — 3.  Formation  of  a Code  of  In- 
ternational Law — 4.  Progress  necessarily  slow — 5.  No  concern  ivitli 
internal  affairs  of  Nations. 

1.  Our  plan  is  composed  of  two  parts,  viz.,  a Con- 
gress of  Nations  and  a Court  of  Nations,  either  of 
which  might  exist  without  the  other,  but  they  would 
tend  much  more  to  the  happiness  of  mankind  if  united 
in  one  plan,  though  not  in  one  body.  A congress  of 
ambassadors  from  all  those  Christian  and  civilized 
nations  who  should  choose  to  unite  in  the  measure, 
is  highly  desirable  to  fix  the  fluctuating  and  various 
points  of  international  law,  by  the  consent  of  all  the 
parties  represented,  making  the  law  of  nations  so 
plain  that  a court  composed  of  the  most  eminent 
jurists  of  the  countries  represented  at  the  Congress, 
could  easily  apply  those  principles  to  any  particular 
case  brought  before  them.  Such  a congress  would 
provide  for  the  organization  of  such  a court ; but 
they  would  not  constitute  that  court ; which  would 
be  permanent,  like  the  Supreme  Court  of  the  United 
States,  while  the  Congress  would  be  transient  or 
periodical,  with  a change  of  members  like  the  Congress 
or  Senate  of  the  United  States.  It  is  not  proposed 
that  the  legislative  and  judiciary  bodies  shall  be 


66 


522 


CONGRESS  OF  NATIONS. 


14 


united.  The  Congress  of  Nations,  therefore,  is  one 
body,  and  the  creator  of  the  Court  of  Nations,  which 
is  another  distinct  body.  Any  nation  represented  at 
the  Congress  might  change  its  delegates  as  often  as 
it  pleased,  like  other  ambassadors,  but  the  members 
of  the  court  would  hold  their  offices  during  good 
behaviour. 

2.  The  Congress  of  Nations  would  be  organized 
by  a convention,  composed  of  ambassadors  from  all 
those  Christian  or  civilized  nations  who  should  con- 
cur in  the  measure,  each  nation  having  one  vote, 
however  numerous  may  be  the  ambassadors  sent  to 
the  convention.  This  convention  would  organize 
themselves  into  a Congress  of  Nations,  by  adopting 
such  regulations  and  by-laws  as  might  appear  expe- 
dient to  the  majority.  Those  who  would  not  agree 
with  the  majority  would,  of  course,  have  leave  to 
withdraw  from  the  convention,  which  would  then 
constitute  the  Congress  of  Nations,  choose  its  presi- 
dent, vice-presidents,  secretaries,  clerks,  and  such  other 
officers  as  they  would  see  fit.  New  members  might 
be  received,  at  any  time  subsequent  to  the  first  organ- 
ization of  the  Congress,  by  their  embracing  the  rules 
already  adopted  and  the  nations  sending  them 
adopting  the  laws  of  nations  enacted  by  the  Congress, 
and  duly  ratified  before  their  becoming  members  of 
the  confederation. 

3.  After  organization,  the  Congress  w'ould  proceed 
to  the  consideration  of  the  first  principles  of  the  law 
of  nations  as  they  are  laid  down  by  civilians  and 
agreed  to  by  treaties,  throwing  all  the  light  which  the 


15 


CONGRESS  OF  NATIONS. 


523 


congregated  wisdom  of  the  civilized  world  contains 
on  the  principles  of  international  law,  and  applying 
those  principles  to  classes  of  individual  cases.  No 
principle  would  be  established,  unless  it  had  the 
unanimous  consent  of  all  the  nations  represented  at 
the  Congress,  and  ratified  by  all  the  governments  of 
those  nations,  so  that  each  and  every  principle  would 
resemble  a treaty,  by  which  each  nation  represented 
bound  itself  to  every  other  nation  represented,  to 
abide  by  certain  expressed  principles  in  their  future 
intercourse  with  one  another;  which  agreement  or 
treaty  shall  not  be  annulled,  except  by  the  consent  of 
all  the  parties  making  it. 

4.  That  the  progress  of  such  a Congress  would  be 
very  slow,  it  must  be  allowed ; but  so  far  from  being 
the  worse,  it  would  be  the  better  for  that,  and  more 
likely  to  produce  permanent  and  useful  results.  It 
would  not  be  necessary  that  each  article  of  the  com- 
pact, thus  entered  into,  should  be  ratified  by  the 
nations  concerned,  before  the  Congress  proceeded  to 
settle  other  points ; but  the  whole,  having  been 
agreed  on  in  Congress,  could  be  submitted  to  the 
governments  represented,  and  such  points  as  should 
be  unanimously  adopted  should  be  considered  as 
settled  points  of  international  law,  and  the  remainder 
left  open  for  further  investigation ; and  thus  all  the 
most  material  points  of  international  law  would  be 
for  ever  settled,  and  other  points  put  in  a fair  way  of 
being  settled.  The  Court  of  Nations  need  not  be 
delayed  until  all  the  points  of  international  law  were 
settled ; but  its  organization  might  be  one  of  the  first 


524 


CONGRESS  OF  NATIONS. 


16 


things  for  the  Congress  of  Nations  to  do,  and  in  the 
mean  time,  the  Court  of  Nations  might  decide  cases 
brought  before  it  on  principles  generally  known  and 
acknowledged. 

5.  The  Congress  of  Nations  is  to  have  nothing  to 
do  with  the  internal  affairs  of  nations,  or  with  insur- 
rections, revolutions,  or  contending  factions  of  people 
or  princes,  or  with  forms  of  government,  but  solely  to 
concern  themselves  with  the  intercourse  of  nations  in 
peace  and  war.  1st.  To  define  the  rights  of  belliger- 
ents towards  each  other;  and  endeavor,  as  much  as 
possible,  to  abate  the  horrors  of  W'ar,  lessen  its  fre- 
quency, and  promote  its  termination.  2d.  To  settle 
the  rights  of  neutrals,  and  thus  abate  the  evils  which 
Avar  inflicts  on  those  nations  that  are  desirous  of 
remaining  in  peace.  3d.  To  agree  on  measures  of 
utility  to  mankind  in  a state  of  peace;  and  4th,  To 
organize  a Court  of  Nations.  These  are  the  four 
great  divisions  of  the  labors  of  the  proposed  Congress 
of  Nations. 


17 


CONGRESS  OF  NATIONS. 


525 


CHAPTER  III. 

ON  THE  RIGHTS  OF  BELLIGERENTS  WITH  RESPECT  TO  EACH  OTHER. 

1.  The  rights  of  belligerents  have  their  limits — 2.  The  right  to  declare 
war — 3.  Are  all  means  of  destroying  an  enemy  lawful  ? — 4.  Confis- 
cation of  private  debts — 5.  Detention  of  the  subjects  of  an  enemy — 
6.  Who  may  be  made  prisoners  of  war  ?■ — 7.  Property  liable  to  capture 
— 8.  Voyages  of  discovery — 9.  Compacts  with  an  enemy — 10.  Of 
Trace — 11.  Of  Retaliation. 

1.  The  rights  of  belligerents  have  their  limits,  even 
as  they  respect  one  another.  Humanity  has  been 
shocked  and  outraged  by  excesses  committed  by 
them ; and  there  is  no  good  reason  why  nations 
should  not  mutually  agree  to  frown  on  all  the  cruelties 
of  war  which  are  unnecessary  to  the  ostensible  object 
of  it.  A nation,  by  declaring  war,  makes  every  sub- 
ject of  the  country  against  whom  war  is  declared, 
technically  speaking,  an  enemy — hostis,  a national 
enemy,  not  inimicus,  or  a personal  enemy.  It  would 
be  hard  to  show  that  the  gospel  has  made  any  differ- 
ence ; but  man  has ; and  a person  may  be  an  enemy, 
according  to  the  law  of  nations,  who  is  a friend  and 
brother,  according  to  the  law  of  God.  If  nations  will 
continue  to  make  war,  they  should  endeavor  to  violate 
the  law  of  God  as  little  as  possible,  and  put  all  prac- 
ticable bounds  to  savage  exhibitions  of  national 
enmity.  The  rights  of  belligerents  over  their  enemies 
ought  to  be  regulated  by  acknowledged  principles ; 


526  CONGRESS  OF  NATIONS.  17 

and  the  condition  of  prisoners  of  war  and  of  the 
vanquished  should  be,  as  much  as  possible,  amelio- 
rated. Vattel  holds  that  prisoners  of  war  may  be 
made  slaves,  when  we  may  lawfully  kill  them.*  Bur- 
lamaqui  thinks  we  may  kill  them  in  “cases  of  neces- 
sity.”! Formerly  prisoners  of  war  were  enslaved  or 
put  to  death  without  disgrace,  and  until  a very  late  date, 
viz.,  the  wars  between  Charles  XII  of  Sweden,  and 
Peter  the  great,  of  Russia,  prisoners  were  made  slaves 
during  the  war;  but  the  increased  light  of  Christianity 
leaves  but  little  to  be  done  on  this  subject. 

2.  The  question  should  be  settled  by  the  Congress, 
Whether  a nation,  unless  attacked,  has  a right  to 
declare  war  against  another  nation,  or  make  reprisals, 
until  it  has  resorted  to  all  other  means  of  obtaining 
justice,  such  as  negotiation,  and  an  offer  to  leave  the 
dispute  to  arbitration,  or  to  cast  lots,  or  settle  the 
dispute  by  the  ordeal  of  battle  by  two  or  more  cham- 
pions 1 The  last  two  modes  of  settling  international 
difficulties  are  not  seriously  proposed  in  this  age  of 
light  and  good  feeling,  but  only  to  show,  that,  however 
absurd  they  are  in  themselves,  they  are  altogether 
better  for  both  the  parties  concerned,  and  for  the 
world  at  large,  than  the  greater  absurdity  of  war,  and 
just  as  likely  to  do  justice  to  the  parties,  at  a much 
less  expense  of  life  and  money.  Many  other  ques- 
tions should  be  solved  by  the  Congress,  such  as  the 
following : 


* See  his  Law  of  Nations,  lib.  iii,  § 152. 
t Burlamaqui,  part  3,  c.  v,  § 8. 


18  CONGRESS  OF  NATIONS.  527 

3.  Are  all  means  of  destroying  an  enemy  lawful  ? 
Is  it  lawful  to  poison  an  enemy’s  food,  or  his  springs 
and  wells  of  water,  — to  use  poisoned  arms,  to  fire  at 
him  such  missiles  as  broken  glass  bottles  and  rusty 
nails,  which  inflict  almost  incurable  wounds,  without 
killing, — to  make  use  of  torpedoes,  fireships,  mines, 
&.C.  Is  assassination  to  be  allowed  ; and  under  what 
circumstances?  Burlamaqui  allows  of  assassination 
of  an  enemy  under  certain  circumstances.*  He 
reasons  correctly  and  ingeniously,  when  he  says,  “If 
we  may  employ  a great  number  of  men  to  kill  an 
enemy,  we  may  certainly  employ  a less  number,” 
though  he  doubts  whether  we  may  employ  one  of  the 
enemy’s  subjects  to  do  it  by  falsehood  and  treason. 
But  what  is  employing  deserters,  but  hiring  men  to 
kill  their  compatriots ; and  what  are  falsehood  and 
treason,  but  stratagems  of  war?  It  is  not  morally 
worse  to  cut  off  an  enemy  by  assassination,  than  by 
ambuscade,  torpedo,  or  mine,  and  if  I may  do  it  by 
hiring  traitors  and  deserters  in  masses,  why  may  I not 
do  it  by  a single  traitor  or  deserter?  How  many 
allow  of  employing  deserters  or  traitors  in  masses, 
who  would  shudder  at  the  thought  of  employing  a 
single  deserter  to  do  similar  things ! By  beginning  to 
prohibit  the  employing  of  single  deserters  or  traitors, 
Christian  nations  may,  at  length,  come  to  prohibit  the 
employment  of  deserters  and  traitors  in  masses. 

4.  Has  a nation,  by  declaring  war,  a right  to  con- 
fiscate private  debts  due  from  the  enemy  to  its  own 


Burlamaqui,  part  4,  c.  vi,  § 15. 


528  CONGRESS  OF  NATIONS.  20 

subjects  ? During  the  war  of  the  American  revolu- 
tion, tlie  Americans  confiscated  the  private  debts  due 
from  American  to  British  subjects ; and  as  a bribe  to 
betray  the  debts,  a part  of  the  spoils  was  offered  to 
the  debtors.  This  principle  was  afterward  abandoned, 
and  in  the  treaty  of  peace,  indemnity  to  the  British 
merchants  was  promised.  Yattel  thinks  that  a bellig- 
erent has  a right  to  confiscate  such  debts,  or  at  least 
to  detain  the  payment  during  the  war.*  A Congress 
of  Nations  should  settle  this  question. 

5.  Has  a nation  a right,  on  going  to  war,  to  detain 
the  subjects  of  an  enemy,  either  civil  or  military,  who 
may  happen  to  be  in  its  territory ; and  to  what  extent 
shall  that  right  be  exercised?  — on  the  military  only, 
or  on  civilians  also?  — on  men  only,  or  on  women  and 
children  also,  and  on  property  ? On  the  breaking  out 
of  war  after  the  short  peace  of  Amiens,  Napoleon 
detained  the  British  subjects  that  were  found  in 
France,  as  prisoners  of  war,  but  how  far  he  carried 
this  principle,  I do  not  know.  His  motives  probably 
wei’e  to  draw  money,  for  their  support,  from  England. 

6.  Who  shall  be  considered  as  combatants  and 
liable  to  be  made  prisoners  of  war?  Formerly  all  the 
subjects  of  an  enemy  were  considered  combatants, 
and  alike  liable  to  be  made  prisoners  of  war  and  to 
be  murdered,  or  sold  into  slavery.  Civilized  society, 
under  the  mild  influence  of  Christianity,  has  much 
ameliorated  the  condition  of  conquered  enemies,  and 
but  very  few,  except  such  as  are  found  with  arms  in 


Law  of  Nations,  book  3,  § 77. 


21  CONGRESS  OF  NATIONS.  529 

their  hands,  are  excluded  from  the  list  of  non-com- 
batants. It  is  very  desirable  to  extend  this  list,  so  as 
to  include  the  man  who  catches  whales,  as  well  as 
the  man  who  catches  smaller  fishes  — the  man  who 
ploughs  the  ocean  on  his  own  peaceful  business,  as 
well  as  the  man  who  ploughs  the  field. 

7.  What  property  of  an  enemy  shall  be  liable  to 
capture?  Formerly  all  property,  both  public  and 
private,  real  and  personal,  became  the  property  of  the 
captor.  Now,  private  property  on  shore  is  respected, 
and  property  afloat  only  is  captured.  A merchant 
vessel,  on  the  stocks,  is  not  liable  to  capture ; on  the 
water  she  is,  except  small  vessels  employed  in  the 
fisheries.  Cicero  observes,  that  it  is  not  contrary  to 
the  law  of  nations  to  plunder  a person  whom  we  may 
lawfully  kill.*  But  if  we  may  plunder  those  only 
whom  we  may  lawfully  kill,  then  we  should  no  longer 
plunder  the  peaceful  merchant.  May  a conqueror 
seize  private  landed  estate  as  the  spoils  of  war  ? May 
churches  and  public  property  of  a civil  nature  be 
plundered  by  an  enemy?  Burlamaqui  allows  it;  but 
it  has  become  a reproach  to  any  people  to  do  it.  The 
burning  of  the  capitol  at  Washington  was  justified  by 
the  British  on  the  plea  of  retaliation ; and  even,  on 
this  plea,  they  begin  to  be  ashamed  of  it. 

8.  A Congress  of  Nations  might  settle  what  pro- 
tection should  be  afforded  to  the  ships  of  enemies 
making  voyages  of  discovery.  The  American  govern- 
ment, and,  I believe,  the  French  also,  agreed  not  to 


* Cicero,  De  Officiis,  lib.  3,  c.  vi. 


67 


530 


CONGRESS  OF  NATIONS. 


22 


molest  the  squadron  of  Captain  Cook.  Missionary 
stations,  settlements  on  barbarous  coasts  for  benevo- 
lent purposes,  light-houses,  buoys,  beacons,  and  even 
the  military  hospitals  of  the  enemy,  should  be 
respected. 

9.  Is  a compact  made  ^vith  an  enemy  at  an  end  as 
soon  as  war  is  declared?  Grotius  is  of  opinion  that 
contracts  made  with  an  enemy  are  binding.  Puffen- 
dorf  doubts  it. 

10.  What  is  the  nature  of  a truce?  and  what 
formalities  are  necessary  at  its  commencement  and  its 
end  ? What  rights  does  a belligerent  give  up  by  a 
truce?  and  what  does  he  retain?  What  rights 
belong  to  heralds,  flags  of  truce  and  cartels  ? How 
may  intercourse  be  carried  on  between  belligerents  ? 
What  security  does  a safe  conduct  concede  ? What 
is  the  nature  of  parole,  ransom,  and  the  giving  of 
hostages  ? Even  in  this  day  of  comparative  light,  it 
may  be  well  to  put  some  limits  to  the  right  which  a 
belligerent  has  over  the  person  of  his  enemy  by  the 
general  consent  and  treaty  stipulations  of  all  Christian 
nations,  each  being  bound  to  all ; and  a Congress  of 
Nations  is  the  only  place  where  such  a compact  can 
be  executed. 

11.  Cannot  something  be  done  to  meliorate  the 
barbarous  custom  of  retortion  and  retaliation ; or  at 
least  to  regulate  it  ? How  are  spies,  deserters,  and 
prisoners  who  have  violated  their  parole  to  be  treated  ? 
Is  it  not  possible  to  put  some  limit  to  the  power  of  a 
belligerent  over  the  life  of  his  enemy  ? Is  it  allowable. 


23 


CONGRESS  OF  NATIONS. 


531 


under  any  circumstances,  to  kill  unresisting  persons, 
who  have  been  guilty  of  no  offence  but  being  made 
enemies  by  proclamation  1 There  is  reason  to  hope, 
that  much  may  be  done  to  moderate  the  severity  of 
war  in  all  these  particulars,  in  a body  representing  the 
congregated  wisdom  of  Christendom;  and  as  the 
judicial  combat  gradually  gave  place  to  the  grand 
assize,  when  the  follies  and  cruelties  of  the  ordeal  by 
battle  were  exposed  and  mitigated,  so  the  ordeal  of 
war  may  gradually  give  place  to  a court  of  nations. 


532 


CONGRESS  OF  NATIONS. 


24 


CHAPTER  IV. 

ON  CERTAIN  RIGHTS  OF  BELLIGERENTS  WHICH  MAY  AFFECT 
NEUTRALS  ALSO. 

1.  The  rights  of  conquest — 2.  Of  Expatriation — 3.  Privateering — 
4.  Neutrals  found  in  an  enemy’s  camp. 

1.  Under  this  head  there  is  one  very  important 
question  to  be  settled  by  a Congress  of  Nations,  viz., 
How  long  shall  a territory  remain  in  possession  of  the 
conqueror  before  it  shall  be  considered  as  his  own,  so 
that  he  may  convey  it  away  to  another  nation,  and 
for  ever  cut  off  the  right  of  the  former  owner  1 One 
would  naturally  suppose,  that  when  a treaty  of  peace 
is  ratified,  ceding  the  conquered  or  disputed  territory, 
the  right  of  the  former  possessor  would  for  ever  cease ; 
but  this  doctrine  is  disputed,  and  some  Americans 
have  hinted  at  a claim  to  the  western  coast  of  North 
America,  on  the  ground  that  its  relinquishment  to 
England  by  Spain,  was  the  effect  of  compulsion ; and 
that  since  the  purchase  of  Louisiana  and  all  which 
belonged  to  it,  we  stand  in  the  place  of  Spain  with 
respect  to  the  north-west  coast  of  America,  and 
have  a right  to  claim  it,  as  soon  as  we  are  strong 
enough.  We  ought,  however,  to  remember,  that  the 
cession  of  Louisiana  to  France,  from  whom  we  bought 
it,  was  also  the  effect  of  compulsion,  and  Spain  would 
have  an  equal  right  to  reclaim  the  whole  from  us. 


25 


CONGRESS  OF  NATIONS. 


533 


The  American  forces  in  Georgia  were  authorized  by 
government  to  receive  Amelia  Island  in  East  Florida 
from  whomever  should  be  in  possession  of  it.  If  we 
had  received  Texas  into  our  Union,  would  it  have 
been  consistent  with  the  existing  law  of  nations? 
The  principles  on  which  such  things  should  be  reg- 
ulated, can  only  be  settled  by  a Congress  of  Nations. 

2.  It  is  highly  important  to  the  peace  of  the  world 
in  general,  and  of  Great  Britain  and  the  United  States 
of  America  in  particular,  that  the  right  of  expatriation 
should  be  better  understood  than  it  is  now.  The 
American  government  claims  the  right  of  naturalizing 
foreigners  in  such  a manner  as  to  affect  their  allegiance 
to  their  native  country.  During  the  late  wars  in  Eu- 
rope, it  was  stated  by  a committee  of  the  Congress 
of  the  United  States,  that  6257  Americans  had  been 
impressed  into  the  navy  of  Great  Britain ; but  what 
proportion  of  them  were  natives  of  that  power,  nat- 
uralized here,  the  committee  do  not  state.  The  sub- 
ject of  impressment  was  the  principal  cause  of  the  last 
war  between  Great  Britain  and  America,  though  Great 
Britain  had  always  disclaimed  the  right  of  impressing 
native  Americans.  Before  another  war  breaks  out  in 
Europe,  this  principle  of  expatriation  should  be  settled. 
Some  may  think  that  this  article  would  come  better 
in  the  next  chapter ; but  though  the  settlement  of  this 
question  is  of  great  importance  with  respect  to  neu- 
trals generally,  and  to  Great  Britain  and  America  in 
particular ; to  all  the  rest  of  the  world,  it  is  of  great 
importance  as  it  respects  belligerents  also.  Certainly  a 
nation  has  a natural  right  to  deal  with  her  own  subjects 


534 


CONGRESS  OF  NATIONS. 


26 


as  she  may  think  proper,  and  a Congress  or  Court  of 
Nations  would  not  interfere  ; but  the  great  question  is, 
Who  are  her  own  subjects  1 In  settling  this  question, 
the  United  States  are  at  variance  with  almost  all  the 
rest  of  the  world,  and  the  settlement  of  the  question, 
— whether  a man  has  a right  to  expatriate  himself  or 
not, — is  of  great  importance  to  us,  not  only  as  a 
neutral,  but  as  a belligerent.  Having  a great  number 
of  naturalized  foreigners  among  us,  and  our  army 
being  composed,  in  a great  measure,  of  such  charac- 
ters, it  is  important  for  us  to  know  whether  we  ought 
to  retaliate,  if  any  of  them,  taken  fighting  against  their 
native  country,  should  be  condemned  to  death,  and 
whether,  by  the  present  law  of  nations  and  general 
usage,  we  should  have  a right  to  put  to  death  Ameri- 
cans only,  taken  in  arms  against  this  country,  or  any 
other  prisoners  of  war  also.  These  important  questions 
can  never  be  settled  by  any  unauthorized  writers  on 
the  law  of  nations,  and  can  only  be  done  by  a com- 
pact and  agreement.  I think  that  Great  Britain 
would  be  willing  to  relinquish  her  assumed  right  of 
searching  our  ships  for  her  seamen  on  the  high  seas, 
— and  perhaps  in  her  own  waters  also,  — for  the 
right  of  searching  for  slaves  under  our  flag  on  the 
coast  of  Africa,  which  right  we  now  deny. 

3.  A Congress  of  Nations  could  settle  the  great 
question,  so  long  agitated,  whether  privateering 
should  any  longer  be  allowed  in  carrying  on  the  wars 
of  civilized  and  Christian  countries  ; and  this  relic  of 
barbarism  and  piracy  be  at  last  done  away.  The 
government  of  the  United  States  has  made  great 


27 


COJVGRESS  or  NATIONS. 


535 


endeavors  to  abolish  this  evil,  though  with  but  little 
success.  The  instructions  given,  by  the  Congress  of 
the  old  confederation,  to  our  ambassadors  abroad, 
directed  them  to  endeavor  to  procure  the  general 
abolition  of  the  practice  of  privateering.  Frederick 
III  of  Prussia  was  the  only  one  who  consented  to 
give  up  the  practice ; but  in  a Congress  of  Nations  its 
entire  abolition  would  easily  be  effected. 

4.  Another  question,  nearly  related  to  the  last  two 
is,  the  manner  in  which  a belligerent  nation  may  treat 
the  subject  of  a neutral  nation,  when  found  in  an 
enemy’s  camp,  fleet,  or  privateer?  By  many,  they 
are  considered  pirates,  and,  morally  speaking,  certainly 
they  are  no  better.  In  the  same  connection,  might 
be  agitated  the  question,  whether,  when  a nation  has 
offered  to  leave  its  disputes  with  another  nation  to 
the  Court  of  Nations,  and  that  other  nation  shall 
refuse,  or  having  so  referred  it,  shall  refuse  to  abide 
by  the  decision,  but  should  go  to  war  — in  such  a 
case,  may  the  subjects  of  a neutral  nation  engage  in 
war  against  the  party  so  offending  ? If  it  were  ever 
justifiable  to  take  a part  in  foreign  wars,  it  would  be 
under  such  circumstances,  and  a nation  might  then 
allow  its  subjects  to  engage  in  a foreign  war,  ac- 
cording to  the  law  of  nations,  if  not  according  to  the 
law  of  God. 


536 


CONGRESS  OF  NATIONS. 


28 


CHAPTER  V. 

ON  TUE  RIGHTS  OF  NEUTRALS,  TO  BE  ESTABLISHED  BY  THE  CON- 
GRESS OF  NATIONS. 


1.  Wars  often  extend  to  neutrals — 2.  Rights  of  a neutral  flag — 3.  Neu- 
tral flag  covering  enemy’s  property — 4.  Salvage  on  a neutral  ship — 
5.  Medicines  to  a blockaded  port — 6.  Of  blockade — 7.  Of  contra- 
band of  war — 8.  Right  of  search — 9.  Rights  of  a belligerent  over 
the  crew  of  a neutral — 10.  When  has  a neutral  the  right  to  buy 
captured  goods — 11.  Neutral  transports — 12.  Trade  of  a neutral  in 
the  manufactures  of  an  enemy — 13.  Neutral  trade  which  is  prohibited 
in  time  of  peace — 14.  Right  of  transition  through  a neutral  country 
— 15.  Rights  of  a private  neutral  to  engage  in  war — 16.  The  right 
of  a nation  or  an  individual  to  take  part  in  foreign  revolutions — 17. 
Extent  of  neutral  riglits  from  tlie  shore — 18.  Other  subjects. 

1.  We  have  considered  the  rights  which  the  com- 
mon consent  of  mankind  has  allowed  to  belligerents, 
in  their  conduct  to  each  other ; but  this  consent  is  far 
from  being  universal,  and  many  points  remain  to  be 
settled  by  the  concentration  of  public  opinion  in  a 
Congress  of  Nations.  We  now  come  to  consider  the 
rights  w'hich  public  opinion  has  generally  given  to 
neutrals,  on  many  points  on  which  there  is  yet  a con- 
siderable difference  of  opinion,  not  only  in  the  world  at 
large,  but  also  among  the  writers  on  international  law. 
It  is  owing  to  this  uncertainty,  that  when  two  powerful 
nations  go  to  war  with  one  another,  almost  all  the 
nations  of  Christendom  are,  sooner  or  later,  forced 
into  the  contest.  If  the  rights  of  neutrals  were  better 
understood  — especially  if  the  general  principles. 


29  CONGRESS  OF  NATIONS.  537 

which  should  regulate  the  conduct  of  neutrals  to 
belligerents  and  of  belligerents  to  neutrals,  were 
solemnly  agreed  to  by  the  principal  powers  of  Chris- 
tendom, assembled  in  a Congress,  — and  still  more 
especially,  if  there  were  a high  court  or  congress,  to 
which  injured  nations  might  appeal  for  redress,  wars 
would  not  spread  as  they  have  done,  and  would  not  be 
of  long  continuance.  Some  of  the  questions  relative  to 
the  rights  of  neutrals,  which  might  be  for  ever  settled 
by  the  Congress  of  Nations  proposed,  are  as  follows : 

2.  Shall  a neutral  Hag  cover  all  that  sails  under  it, 
provided  the  voyage  be  made  from  one  neutral  port 
to  another?  The  law  of  nature  would  seem  to  de- 
mand this.  The  sea  is  the  highway  of  nations,  and  a 
ship  is  but  an  extension  of  the  territory  of  the  nation  to 
which  it  belongs,  especially  on  the  high  seas,  and  until 
it  comes  within  the  territorial  jurisdiction  of  another 
nation.  Hence  it  would  appear,  that  a belligerent  has 
no  more  right  to  impede  his  enemy  in  his  progress 
from  one  neutral  nation  to  another,  on  board  a neutral 
ship,  than  he  has  to  impede  him  in  passing  from  one 
part  of  a neutral  country  to  another,  especially  if  this 
enemy  be  not  a military  man.  Perhaps  some  con-^ 
cession  to  the  rights  of  humanity  on  this  subject 
might  be  obtained  from  a Congress  of  Nations. 

3.  Shall  a neutral  flag  cover  an  enemy’s  property 
or  person,  when  bound  from  a neutral  to  a belliger- 
ent country,  and  if  not,  what  shall  be  the  law  of  cap- 
ture and  detention?  Shall  freight  be  paid  on  an 
enemy’s  goods  taken  out  ? Shall  this  enemy’s  prop- 


68 


538 


CONGRESS  OF  NATIONS. 


30 


erty  affect  the  neutral  ship  and  the  rest  of  the  cargo  ? 
Burlamaqui  is  of  opinion  that  neutral  vessels,  having 
enemies’  property  on  board,  are  lawful  prize,  if  such 
property  be  on  board  with  the  consent  of  the  owners. 
As  to  all  those  questions,  he  observes,  that,  “ prudence 
and  just  policy  require  that  sovereigns  should  come  to 
some  agreement  among  themselves,  in  order  to  avoid 
the  disputes  which  may  arise  from  these  different 
causes.”  * This  is  the  very  thing  which  we  are 
aiming  at,  in  proposing  and  advocating  a Congress  of 
Nations. 

4.  Under  what  circumstances  shall  a neutral  ship 
pay  salvage  to  the  belligerent  who  recaptures  her 
from  his  enemy?  Must  the  neutral  have  been  carried 
infra  preesidia  of  the  captor  — or  have  been  twenty- 
four  hours  in  his  possession,  and  be  loaded,  in  whole 
or  in  part,  with  the  property  of  his  enemy  ? It  is  hard 
to  make  a neutral  pay  salvage,  when  he  wmuld  have 
been  released  if  he  had  been  carried  into  the  port  of 
the  captor. 

5.  If  a pestilence  should  break  out  in  a blockaded 
port,  would  a neutral  be  allowed  to  carry  medicines 
to  it?  Humanity  would  say,  yes.  I do  not  know 
what  a Congress  of  Nations  would  say. 

6.  What  shall  constitute  a blockade  ? Civilians 
are  not  agreed  on  this  subject.  Some  hold  that  a 
port,  to  be  blockaded,  must  be  invested  by  sea  and 


* Burlamaqui’s  Principles  of  Natural  and  Political  Law,  part  4,  c.  iv, 
§24. 


31 


CONGRESS  OF  NATIONS. 


539 


land.  Others  hold  a blockade  to  be  lawful,  if  the 
harbor  only  be  guarded  by  a blockading  squadron. 
What  notice  shall  be  given  of  the  blockade  1 Is  it 
sufficient  that  a blockade  be  published  by  proclama- 
tion, and  neutral  nations  warned  through  their  minis- 
ters at  the  court  of  the  blockading  power  7 Or  shall 
a neutral  ship  be  warned  once,  at  least,  and  within  a 
certain  distance  of  the  blockaded  port,  and  her  papers 
endorsed,  before  she  shall  be  liable  to  capture  for 
breach  of  blockade  7 If  a storm  drive  away  the  block- 
ading squadron,  does  the  blockade  continue  in  their 
absence  7 and  shall  a ship  which  enters  the  blockaded 
port  without  warning,  be  liable  to  be  seized  and  con- 
demned on  her  coming  out  7 Shall  a neutral  ship, 
which  enters  a belligerent  port  before  a blockade,  be 
allowed  to  depart 7 The  “Orders  in  Council”  and 
the  “ Berlin  and  Milan  Decrees  ” were  infringements 
on  the  ancient  law  of  blockade.  Uncertainty  on  this 
subject  is  a fruitful  source  of  war  and  enmity.  If  the 
w'hole  subject  could  not  be  made  clear  by  a Congress 
of  Nations,  some  of  the  plainest  principles  might  be 
settled,  and  an  approximation  might  be  made  to  a 
clear  understanding  and  general  agreement  on  the 
whole  subject. 

7.  It  is  highly  important  that  the  list  of  articles 
considered  contraband  of  war  should  be  more  clearly 
defined  than  it  is  now,  and  considerably  reduced. 
Every  article  of  contraband  of  war  should  be  specified, 
and  not  left  to  general  rules.  Tar,  pitch,  hemp,  flax, 
iron,  and  other  articles  used  to  construct  and  fit  out 


540 


CONGRESS  OF  NATIONS. 


32 


men-of-war,  are  not  solely  or  principally  used  for  that 
purpose,  and  should  not,  in  their  raw  state,  be  includ- 
ed in  the  list  of  articles  considered  contraband  of  war ; 
while  saltpetre,  sulphur,  and  some  other  crude  articles, 
are  almost  wholly  used  for  the  purposes  of  war.  But 
it  is  of  greater  importance  to  have  the  articles  consid- 
ered contraband  of  war  clearly  defined,  than  the  bare 
extension  or  curtailment  of  the  list  of  contraband  arti- 
cles. It  is  of  the  utmost  importance  to  a neutral 
merchant,  sending  his  ship  to  sea  loaded,  in  whole  or 
in  part,  with  tar,  iron,  hemp,  or  flax,  to  know  whether 
he  can  ensure  his  ship  as  free  from  contraband  of  war. 
Uncertainty  on  this  point  not  only  disturbs  the  har- 
mony of  nations,  but  may  be  the  cause  of  endless 
lawsuits  between  merchants  of  the  same  country  — 
the  insurer  and  insured.  It  is  impossible  for  any 
writer  on  the  law  of  nations  to  specify  what  articles 
shall  be  considered  contraband  of  war.  That  can  only 
be  done  by  a Congress  of  Nations ; and  if  done,  it 
w'ould  dry  up  a fruitful  source  of  war. 

8.  The  right  of  searching  neutral  ships  for  contra- 
band of  war  and  enemies’  property  has  never  yet 
been  clearly  understood,  in  all  its  bearings.  Shall  the 
contraband  articles,  and  the  property  of  an  enemy 
alone,  be  liable  to  confiscation  ? or  shall  the  smallest 
quantity  of  naval  stores  or  enemies’  property  authorize 
the  confiscation  of  the  other  part  of  the  cargo  and  the 
ship  ? May  a neutral  ship  be  carried  into  the  terri- 
tory of  a belligerent  for  search,  or  shall  it  be  done  at 
sea  only?  Shall  freight  be  paid  on  the  property 


33  CONGRESS  OF  NATIONS.  541 

seized,  or  not  1 These  questions  can  only  be  settled 
in  a Congress  of  Nations. 

9.  Has  a belligerent  a right  to  take  from  a neutral 
ship,  without  the  consent  of  her  captain,  one  of  the 
crew  who  is  neither  the  subject  nor  the  enemy  of  the 
belligerent,  and  thus  break  the  lawful  contract  of  such 
seaman  with  the  captain  7 Should  it  make  any 
difference,  if  the  subject  of  the  enemy  had  been 
naturalized  in  the  country  of  the  neutral  ship  7 

10.  How  long  a time  shall  a captured  ship,  or 
goods,  remain  in  the  possession  of  a belligerent, 
before  a neutral  has  a right  to  buy  them  7 Grotius 
thinks  not  until  they  are  brought  within  the  precincts 
of  the  country  of  the  captor.  Burlamaqui  thinks 
that  the  captor  has  a right  to  sell  them  as  soon  as 
captured.* 

11.  Has  a neutral  ship  a right  to  transport  the 
soldiers  and  military  stores  of  a belligerent  7 If  not, 
how  shall  the  crime  be  punished ; and  at  what  time 
shall  the  ship,  so  used,  be  free  from  capture  and 
condemnation  for  the  act  7 

12.  Has  a belligerent  the  right  to  prohibit  neutrals 
from  trading  in  the  manufactures  of  an  enemy  7 
Under  the  “ Berlin  and  Milan  Decrees,”  vessels  were 
condemned  for  having  on  board  English  manufactures, 
and  even  for  speaking  or  being  boarded  by  British 
men-of-war.  Were  either  of  these  causes  of  con- 
demnation justifiable  by  the  law  of  nations  7 

\ 


See  Burlamaqui,  part  4,  c.  vii,  § 15,  ei  seq. 


542 


CONGRESS  OF  NATIONS. 


34 


13.  Has  a neutral  a right  to  carry  on  a trade  in 
time  of  war,  which  he  is  not  allowed  in  time  of  peace  1 
This  is  a very  important  question,  for  on  it  depends 
the  legality  of  much  of  the  trade  of  neutrals.  The 
difficulties  attending  this  question  nearly  brought  the 
United  States  into  a war  with  Great  Britain,  in  the 
early  part  of  the  war  of  the  French  revolution. 
American  vessels  traded  directly  from  French  colo- 
nies in  the  West  Indies  to  France,  or  barely  touched 
at  some  American  port,  to  neutralize  their  cargo, 
without  discharging  it?  This  was  complained  of  by 
the  British  government,  and  called  out  the  famous 
pamphlet  entitled  “War  in  Disguise,”  supposed  to 
have  been  written  under  the  direction  of  the  English 
cabinet.  On  the  other  hand,  the  “ Navigation  Act” 
of  Great  Britain  was  almost  entirely  suspended,  and 
American  vessels  were  allowed  to  carry  almost 
any  thing  to  England,  from  almost  any  country. 

14.  Has  a belligerent  a right  to  pass  through  the 
territory  of  a neutral  without  his  consent?  This  is  a 
very  difficult  and  complicated  question,  and  is  not 
likely  soon  to  be  settled,  even  in  a Congress  of 
Nations ; but  some  approximation  may  be  made 
toward  a settlement  of  it.  Grotius  allows  the  right, 
while  Burlamaqui  denies  it,  and  Vattel  allows  it  in 
certain  cases  and  denies  it  in  others.* 

15.  Has  a private  subject  a right  to  engage  in  war 
against  a country  with  which  his  own  country  is  at 


* Vattel,  book  3,  c.  vii. 


35 


CONGRESS  OF  NATIONS. 


543 


peace  1 It  was  laid  down  as  a principle  by  General 
Jackson,  in  the  case  of  Arbuthnot  and  Ambrister,  that 
such  characters  should  be  treated  as  pirates,  and  this 
opinion  has  been  sanctioned  by  the  American  people. 
Is  this  principle  a correct  one?  A Congress  of 
Nations  only  can  settle  the  question. 

16.  The  right  of  foreign  nations  or  individuals  to 
take  a military  part  in  the  revolutions  of  other  coun- 
tries should  be  clearly  defined,  and  either  allowed  or 
forbidden.  Not  only  should  the  right  of  governments 
be  defined,  but  the  question  should  be  settled,  whether 
a nation  has  a right  to  allow  of  forces  being  raised  from 
among  their  subjects  for  such  objects.  The  world  has 
been  much  in  the  dark  on  this  subject,  and  contrary 
opinions  have  prevailed,  according  to  circumstances. 
Great  Britain  has  blamed  this  country  very  severely 
because  we  have  not  prevented  our  citizens  from 
taking  part  in  the  troubles  in  Canada ; while  she  has 
openly  allowed  the  enlistment  of  soldiers,  to  take  a 
part  in  the  revolutions  in  Spain  and  Portugal,  and  in 
the  American  revolution  bought  whole  regiments  of 
foreign  troops.  In  1833,  two  hundred  and  fifty  men 
were  enlisted  in  England  for  the  war  in  Portugal, 
uncertain  which  side  they  would  take. 

17.  How  far  from  shore  shall  neutral  rights  extend  1 
Some  say  to  the  distance  of  a cannon  shot — some  to 
the  distance  of  a league.  Has  a belligerent  a right 
to  anchor  on  a neutral  shore,  in  order  to  blockade  his 
enemy’s  fleet  in  a neutral  harbor?  It  was  very 
grievous  to  the  Americans,  during  the  last  great  wars 


544 


CONGRESS  OF  NATIONS. 


36 


in  Europe,  to  have  British  men-of-war  anchor  off  our 
harbors,  and  even  in  our  very  roadsteads  blockade 
French  ships  of  war,  and  examine  every  ship  going 
and  coming,  and  impress  seamen.  Some  of  our  bays 
are  more  than  two  leagues  wide.  Has  a belligerent 
a right  to  attack  an  enemy  in  our  bays  ? 

18.  There  are  many  other  subjects  relating  to  the 
rights  of  neutrals,  the  principles  of  which  ought  to  be 
fixed  by  general  consent,  in  a time  of  peace,  while 
the  public  mind  is  unbiased  by  passing  events ; and 
no  power  is  adequate  to  this  duty  but  a Congress 
of  Nations.  Were  it  done,  many  wars  would  be 
prevented. 


37 


CONGRESS  OF  NATIONS. 


545 


CHAPTER  VI. 

ON  PRINCIPLES  AND  ACTS  OF  A CIVIL  AND  PACIFIC  NATURE,  AFFECT- 
ING THE  INTERCOURSE  OF  THE  WORLD  AND  THE  HAPPINESS 
OF  MANKIND,  TO  BE  SETTLED  AND  AGREED  UPON 
BY  A CONGRESS  OF  NATIONS. 

1.  The  cooperation  of  nations  required  for  plans  of  general  utility — 
2.  Rights  of  ambassadors — 3.  Surrender  of  felons  and  debtors — 
4.  Suppression  of  the  slave  trade  and  piracy — 5.  Improvements  in 
international  communication- — 6.  International  copy-rights  and 
patents — 7.  Free  navigation  of  bays  and  rivers — 8.  Rights  of 
discovery  and  colonization — 9.  General  reduction  of  military  estab- 
lishments— 10.  Restoration  of  military  trophies — 11.  Other  subjects. 


1.  There  are  many  things  of  a pacific  and  civil 
nature,  which  require  the  cooperation  of  nations,  and 
which  can  only  be  settled  in  a congress  of  ambassa- 
dors, where  the  subjects  may  be  freely  discussed  and 
adjusted. 

2.  The  rights  of  ambassadors,  ministers,  envoys, 
and  consuls,  should  be  settled  in  such  a manner  as 
no  longer  to  be  the  subject  of  international  disputes. 
That  the  persons,  domestics  and  property  of  diplo- 
matic agents  should  be  exempted  from  arrest  for  debt, 
admits  not  of  a question ; but  it  is  doubtful  how  far 
such  characters  should  be  exempted  from  the  opera- 
tion of  the  criminal  code  of  the  countries  where  they 
reside.  I suppose  such  persons  may  be  arrested  and 
imprisoned  for  crime ; but  I doubt  if  they  can  be 
further  punished  in  any  other  way  than  being  sent 

69 


546 


CONGRESS  OF  NATIONS. 


38 


out  of  the  country  or  delivered  up  to  their  own  gov- 
ernment. How  far  shall  an  ambassador’s  house  be  an 
asylum  for  criminals  and  debtors,  not  members  of  the 
legation  where  the  crimes  were  committed,  or  the 
debts  contracted? 

3.  The  surrender  of  felons  and  debtors — Puffen- 
dorf  is  of  opinion,  that  felons  should  not  be  delivered 
up,  unless  there  is  a treaty  stipulation  to  that  effect. 
Now  a Congress  of  Nations  is  a congress  of  ambas- 
sadors, who  may  be  empowered  to  make  these  treaty 
stipulations.  Burlamaqui,  however,  is  of  opinion,  that 
all  felons  should  be  given  up,  without  any  treaty  stip- 
ulations. With  respect  to  persons,  charged  with 
political  crimes  in  time  of  civil  war  and  commotion, 
and  refugees  from  conquered  countries,  the  case  is 
more  difficult.  Nations  may  agree  to  warn  such 
characters  away,  especially  if  demanded  by  the  nation 
from  whence  they  come,  and  more  especially  if  they 
should  be  reasonably  suspected  of  forming  plots  and 
conspiracies  against  their  own  country ; but  it  would 
be  hard  to  give  them  up,  if  innocent  • of  any  such 
thing,  at  least  until  the  excitement  in  their  own 
country  had  subsided. 

4.  A Congress  of  Nations  is  the  only  place  where 
measures  may  be  concerted,  effectually  to  suppress 
the  slave  trade  and  piracy.  Nations,  when  represented 
in  a general  congress,  would  more  willingly  give  up 
the  slave  trade  ; and  more  willingly  allow  their  vessels 
to  be  searched  for  slaves.  Measures  could  be  agreed 
on,  which  would  nearly  put  a stop  to  piracy ; but  if 
wars  cease,  piracy  will  cease  of  course,  for  war  is  the 
nursery  of  pirates. 


39 


CONGRESS  OF  NATIONS. 


547 


5.  Some  mutual  understanding  and  cooperation  in 
making  railroads  and  canals  across  the  isthmus  of 
Darien  and  Suez,  might  be  agreed  on,  and  the  erec- 
tion of  lights  and  buoys  on  uninhabited  or  barbarous 
coasts  and  straits  much  frequented  by  civilized 
nations  might  be  attempted  by  this  Congress,  and  the 
principles  of  salvage  on  wrecked  property  and  vessels 
abandoned  at  sea  might  be  better  defined. 

6.  The  subjects  of  international  patents  and  copy- 
rights might  be  attended  to  by  this  Congress,  and 
some  progress  might  be  made  toward  an  international 
post-office,  to  extend  all  over  the  world.  Neither  is 
it  too  much  to  expect,  that  the  time  may  come,  when 
an  universal  standard  of  weights,  measures  and  coins 
wfill  be  settled  by  such  a Congress. 

7.  The  general  principle  of  the  free  navigation  of 
bays  and  rivers  might  be  established  by  this  Congress, 
and  thus  many  inconveniences  and,  perhaps,  wars 
saved.  It  seems  perfectly  reasonable,  that  a nation 
possessing  one  bank  of  a navigable  river,  but  whose 
territory  does  not  extend  quite  to  the  ocean,  should 
have  a right  to  the  free  navigation  of  that  river, 
especially  if  she  possesses  both  of  the  banks,  but  not 
the  mouth.  It  is  true,  much  may  be  said  for  and 
against  this  principle,  and  a Congress  of  Nations  is 
the  place  in  which  to  say  it. 

8.  The  right  of  discovery  and  colonization  has 
never  yet  been  settled.  A want  of  a proper  under- 
standing of  this  subject  has  been  the  cause  of  many 
wars. 

9.  In  a Congress  of  Nations,  measures  could  be 
agreed  upon  for  the  reduction  of  the  vast  military  and 


548 


CONGRESS  OF  NATIONS. 


40 


naval  establishments  of  Christendom,  which  are  such 
an  intolerable  burden  on  the  community,  consuming 
seven-eighths  of  the  income  of  nations.  One  nation 
keeps  up  these  immense  establishments  because 
another  does.  If  nations  would  agree  to  reduce  their 
establishments,  it  could  be  done  with  safety  and 
advantage.  If  the  number  of  ships  could  not  be 
restrained,  the  size  might  be,  and  no  nation  be  allowed 
to  have  a ship  of  war  above  a certain  size,  or  to  carry 
more  than  a certain  weight  of  metal. 

10.  This  Congress  would  be  the  proper  place  to 
agree  on  the  general  restoration  of  all  military  trophies 
and  captured  standards.  The  retention  of  these 
trophies,  and  the  vain-glorious  display  of  them  in 
temples  dedicated  to  the  Prince  of  peace,  is  no  less  an 
insult  to  common  sense,  than  it  is  an  impious  desecra- 
tion of  these  solemn  temples.  It  is  a relic  of  heathen- 
ism, which  ought,  long  ago,  to  have  been  abandoned 
by  all  nations  bearing  the  Christian  name.  To  restore 
these  trophies  to  the  nations  from  which  they  were 
captured,  would  be  no  less  wise  than  magnanimous. 
But  it  would  be  best  of  all,  if  some  place  were 
selected,  near  the  location  of  the  Congress  of  Nations, 
where  all  the  captured  standards  and  other  trophies 
of  war, — except  works  of  art,  which  should  be  restored 
to  their  former  owners,  — should  be  piled  together  in 
one  vast  heap,  and  consumed.  It  would  be  a burnt- 
otfering  worthy  of  the  cause  of  peace.  The  metallic 
parts,  having  passed  the  ordeal  of  the  fire,  might  be 
coined  into  medallions,  with  suitable  devices  and 
inscriptions,  and  circulated  through  the  world.  Some- 
thing of  this  kind  was  done  at  Madrid,  July  1,  1823. 


41  CONGRESS  OF  NATIONS.  549 

“ Agreeably  to  arrangements  made,  fifty  non-commis- 
sioned officers  and  veterans  of  the  French  army,  each 
carrying  one  of  the  Spanish  standards,  which,  during 
the  late  wars,  had  been  taken  by  the  French,  repaired 
to  the  palace  of  the  Regency,  and  restored  those 
trophies  to  the  Saloons  of  the  Columns.  The  cere- 
mony was  conducted  with  great  pomp.”*  For  the 
same  reasons,  the  names  of  bridges,  palaces,  &c., 
which  have  been  named  from  some  great  victory, 
should  be  changed ; and  triumphal  arches  and  other 
monuments  of  war  should  be  demolished,  and  the 
materials  taken  to  erect  hospitals,  colleges,  and 
churches.  This  appears  to  the  present  age  Utopian ; 
but  it  is  no  more  Utopian  than  a millenium,  when  men 
will  beat  their  swords  into  ploughshares  and  their 
spears  into  pruning-hooks.  Centuries  may  roll  away 
before  this  grand  consummation,  so  devoutly  to  be 
wished,  will  take  place,  but  it  will  be  done. 

11.  There  are  many  other  subjects,  of  a pacific 
and  civil  nature,  which  might  be  discussed  in  a 
Congress  of  Nations,  and  settled,  if  advisable,  or  put 
in  a train  of  settlement.  These  may  come  up,  from 
time  to  time,  as  the  world  advances  in  Christianity 
and  civilization.  The  Congress  might  continue  to 
sit,  for  the  settlement  of  these  questions,  ""so  far  as 
practicable ; but  at  any  time  of  its  session,  it  might 
take  up  the  great  subject  of  a Court  of  Nations, 
and  take  measures  for  its  organization.  This  is  the 
subject  of  the  next  chapter. 


Boston  Centinel,  of  Sept.  8,  1823. 


550 


CONGRESS  OF  NATIONS. 


42 


CHAPTER  VII. 

A COURT  OF  NATIONS  FOR  THE  PEACEFUL  ADJUDICATION  OF  THOSE 
CASES  OF  INTERNATIONAL  DIFFICULTY  WHICH  SHOULD  BE 
REFERRED  TO  IT,  BY  THE  MUTUAL  CONSENT  OF 
TWO  OR  MORE  NATIONS. 

1.  Organization — 2.  Appointment  of  members — 3.  A majority  to  decide 
disputes — 4.  Rules  of  the  Court — 5.  Cases  of  disputed  boundary — 
6.  To  act  as  a mediator — 7.  May  judge  cases  of  right  of  succession, 
if  called  on  by  both  parties — 8.  Suggest  laws  to  the  Congress — 
9.  Other  things  to  be  done  by  them. 

1.  It  is  proposed  to  organize  a Court  of  Nations, 
composed  of  as  many  members  as  the  Congress  of 
Nations  shall  previously  agree  upon,  say  two  from 
each  of  the  powers  represented  at  the  Congress. 
The  power  of  the  court  to  be  merely  advisory.  It  is 
to  act  as  a high  court  of  admiralty,  but  without  its 
enforcing  powers.  There  is  to  be  no  sherilf,  or  posse, 
to  enforce  its  commands.  It  is  to  take  cognizance 
only  of  such  cases  as  shall  be  referred  to  it,  by  the 
free  and  mutual  consent  of  both  parties  concerned, 
like  a chamber  of  commerce ; and  is  to  have  no  more 
power  to  enforce  its  decisions  than  an  ecclesiastical 
court  in  this  country. 

2.  The  members  of  this  court  are  to  be  appointed 
by  the  governments  represented  in  the  Congress  of 


43 


CONGRESS  OF  NATIONS. 


551 


Nations,  and  shall  hold  their  places  according  to  the 
tenure  previously  agreed  on  in  the  Congress  — prob- 
ably during  good  behaviour.  Whether  they  should 
be  paid  by  the  governments  sending  them,  or  by  the 
nations  represented  in  the  Congress  conjointly,  ac- 
cording to  the  ratio  of  their  population  or  wealth,  may 
be  agreed  on  in  the  Congress.  The  court  should 
organize  itself  by  choosing  a president  and  vice- 
presidents  from  among  themselves,  and  appoint  the 
necessary  clerks,  secretaries,  reporters,  &c. ; and  they 
should  hear  counsel  on  both  sides  of  the  questions  to 
be  judged.  They  might  meet  once  a year  for  the 
transaction  of  business,  and  adjourn  to  such  time  and 
place  as  they  should  think  proper.  Their  meeting 
should  never  be  in  a country  which  had  a case  on 
trial.  These  persons  should  enjoy  the  same  priv- 
ileges and  immunities  as  ambassadors. 

3.  Their  verdicts,  like  the  verdicts  of  other  great 
courts,  should  be  decided  by  a majority,  and  need  not 
be,  like  the  decrees  of  the  Congress,  unanimous. 
The  majority  should  appoint  one  of  their  number  to 
make  out  their  verdict,  giving  a statement  of  facts 
from  the  testimony  presented  to  the  court,  and  the 
reasoning  on  those  facts  by  which  they  come  to  a 
conclusion. 

4. '  All  cases  submitted  to  the  court  should  be 
judged  by  the  true  interpretation  of  existing  treaties, 
and  by  the  laws  enacted  by  the  Congress  and  ratified 
by  the  nations  represented ; and  where  these  treaties 
and  laws  fail  of  establishing  the  point  at  issue,  they 


552 


CONGRESS  OF  NATIONS. 


44 


should  judge  the  cause  by  the  principles  of  equity 
and  justice. 

5.  In  cases  of  disputed  boundary,  the  court  should 
have  the  power  to  send  surveyors  appointed  by  them- 
selves, but  at  the  expense  of  the  parties,  to  survey 
the  boundaries,  collect  facts  on  the  spot,  and  report  to 
the  court.  Had  there  been  such  a court,  the  boun- 
dary line  between  Maine  and  New  Brunswick  would, 
long  ago,  have  been  equitably  settled,  to  the  satisfac- 
tion of  both  parties.  Some  of  the  ex-governors  of 
Maine  have  expressed  to  me  that  opinion.  The  Su- 
preme Court  of  the  United  States,  very  soon,  settled 
a similar  difficulty  between  Massachusetts  and  Rhode 
Island. 

6.  This  court  should  not  only  decide  on  all  cases 
brought  before  it  by  any  two  or  more  independent, 
contending  nations,  but  they  should  be  authorized  to 
offer  their  mediation  where  war  actually  exists,  or  in 
any  difficulty  arising  between  any  two  or  more 
nations  which  would  endanger  the  peace  of  the  world. 
Indeed,  they  should  act  as  conservators  of  the  peace 
of  Christendom,  and  watch  over  the  welfare  of  man- 
kind, either  of  the  nations  of  the  confederacy,  or  the 
world  at  large.  Often  nations  go  to  war  on  a point 
of  honor ; and  having  begun  to  threaten,  think  they 
cannot  recede  without  disgrace ; at  the  same  time, 
they  would  be  glad  to  catch  at  such  an  excuse  for 
moderation ; and  often,  when  nations  are  nearly 
exhausted  by  a protracted  war,  they  would  be  glad 
to  make  peace,  but  they  fear  to  make  the  first  ad- 
vances, lest  it  should  be  imputed  to  weakness ; and 


45  CONGRESS  OF  NATIONS.  553 

they  would  joyfully  embrace  a mediator.  In  cases 
where  ambassadors  would  neither  be  sent  nor  accepted, 
the  members  of  this  court  might  go,  as  heralds  of 
peace.  How  much  better  it  would  have  been  for  the 
honor  and  interest  of  France,  if  she  had  submitted 
her  late  disputes  with  Mexico,  Buenos  Ayres  and 
queen  Pomare,  to  such  a court,  rather  than  be  at  so 
great  an  expense  to  force  an  unwilling  confession, 
which  will  rankle  in  the  hearts  of  those  who  have 
been  forced  to  it,  for  a whole  generation. 

7.  If  the  court  should  be  applied  to,  to  settle  any 
internal  dispute  between  any  two  contending  factions, 
such  as  the  right  of  succession  to  the  throne,  it  wmuld 
be  their  duty  to  hear  the  parties,  and  give  their  opin- 
ion according  to  the  laws  and  usages  of  the  country 
asking  their  advice ; but  they  should  never  officiously 
offer  an  exparte  verdict,  though  they  might  propose 
terms  of  reconciliation.  It  is  probable,  that,  had  such 
a court  existed,  the  troubles  in  Spain  and  Portugal 
would  have  been  of  short  duration. 

8.  It  should  be  the  duty  of  a Court  of  Nations, 
from  time  to  time,  to  suggest  topics  for  the  con- 
sideration of  the  Congress,  as  new  or  unsettled 
principles,  favorable  to  the  peace  and  welfare  of 
nations,  would  present  themselves  to  the  court,  in  the 
adjudication  of  cases.  They  would  be  the  more  able 
to  do  this,  from  their  being  more  than  all  other  men 
conversant  with  such  subjects,  and  their  intimations 
would  be  well  received  by  the  Congress,  who  should 
in  all  their  acts,  study  the  good  of  mankind  and  the 


70 


554 


CONGRESS  OF  NATIONS. 


46 


interests  of  humanity;  so  that  in  doubtful  cases 
philanthropy  should  be  thrown  into  the  scale. 

9.  There  are  many  other  cases  beside  those 
abovementioned,  in  which  such  a court  would  either 
prevent  war  or  end  it.  A nation  would  not  be 
justified,  in  the  opinion  of  the  world,  in  going  to  war, 
when  there  was  an  able  and  impartial  umpire  to 
judge  its  case;  and  many  a dispute  would  be 
quashed  at  the  outset,  if  it  were  known  that  the 
world  would  require  an  impartial  investigation  of  it 
by  able  judges. 


47 


CONGRESS  OF  NATIONS. 


555 


CHAPTER  VIII. 


HISTORICAL  NOTICES  OF  PAST  ATTEMPTS  AT  SOMETHING  LIKE  A 
CONGRESS  AND  COURT  OF  NATIONS. 

1.  Plans  in  some  things  resembling  this  very  ancient — 2.  Amphictyonic 
Council — 3.  Achaean  League — 4.  Lycian  Confederacy — 5.  League 
of  the  Hanse  towns — 7.  Great  scheme  of  Henry  IV — 8.  Holy  Al- 
liance— 9-22.  Congress  of  Panama — 23.  Inferences  to  be  deduced 
from  it — 24.  Remarks  on  the  foregoing — 25.  Some  of  their  features 
retained — 26.  Number  of  delegates. 

1.  From  the  history  of  the  earliest  ages,  it  appears 
that  mankind  have  been  desirous  of  something  like 
the  proposed  plan  of  a Congress  and  Court  of  Na- 
tions, especially  in  communities  of  small  independent 
states,  where  from  the  contiguity  of  the  parties,  such 
a plan  was  more  easy  to  be  carried  into  effect,  and 
was  more  necessary  for  their  safety  and  happiness. 
In  most  of  these  confederations,  protection  from 
external  violence  was  as  much  an  object  as  internal 
peace.  There  were,  therefore,  many  features  in 
ancient  councils,  diets,  and  congresses,  which  do  not 
at  all  enter  into  our  plan,  and  which  sooner  or  later 
paved  the  way  for  the  ruin  of  theirs.  Nevertheless, 
while  they  did  continue,  they  were  a great  blessing 
to  the  parties  concerned.  We,  by  no  means,  propose 
them  as  models  for  our  plan,  but  adduce  them,  only 
to  show  that,  if  so  great  an  advance  towards  the 
perfection  of  civil  society  could  be  made  in  times  of 


556 


CONGRESS  OF  NATIONS. 


48 


ignorance,  superstition  and  barbarity,  much  more  is 
to  be  expected  from  a somewhat  similar  plan,  in  this 
age  of  reason,  philanthropy,  and  Christianity.  After 
reviewing  these  plans,  I shall  attempt  to  show  where- 
in they  differed  from  that  which  we  propose,  and  also 
what  parts  of  them  are  to  be  retained  in  our  plan,  and 
what  rejected  from  it. 

2.  The  Council  of  the  Amphictyons  consisted 
originally  of  twelve  states  or  cities,  and  finally  extend- 
ed to  thirty-one.  It  was  established  in  the  year  1497, 
B.  C.  Rollin  says,  “ It  was,  in  a manner,  the  holding 
of  a general  assembly  of  the  states  of  Greece.  Its 
establishment  is  attributed  to  Amphictyon,  king  of 
Athens,  who  gave  it  his  name.  His  principal  view 
w'as  to  unite,  in  the  sacred  bond  of  amity,  the  several 
states  of  Greece  admitted  into  it,  and  oblige  them,  by 
that  union,  to  undertake  the  defence  of  each  other, 
and  be  mutually  vigilant  for  the  happiness  and  tran- 
quillity of  their  country.  It  was  held  at  Thermopylae 
and  sometimes  at  Delphos,  and  regularly  assembled 
in  the  spring  and  fall,  and  oftener  if  occasion  required. 
Each  city  sent  two  deputies,  and  consequently  had 
two  votes  in  the  council,  and  that  without  distinction, 
or  the  more  powerful  having  any  prerogative  of  honor 
or  preeminence  over  inferior  states  in  regard  to  the 
suffrages  — the  liberty,  on  which  these  people  valued 
themselves,  requiring  that  every  thing  should  be  equal 
among  them.  They  had  full  power  to  discuss  all 
differences  which  might  arise  beticeen  the  Amphictyonic 
cities.’’’  Rees,  in  his  Cyclopaedia  says,  “ They  decided 
all  public  differences  and  disputes  between  any  of  the 


49 


CONGRESS  OF  NATIONS. 


557 


cities  of  Greece,  and  their  determinations  were  received 
with  the  greatest  veneration,  and  were  ever  held 
sacred  and  inviolable.  Had  its  members  been  ac- 
tuated by  a spirit  of  peace,  of  justice  and  of  good 
order,  it  would  have  rendered  it  for  ever  respectable.” 
But  Philip,  king  of  Macedon,  by  his  intrigues,  gained 
an  ascendency  in  this  famous  council,  and  was  the 
means  of  reducing  it  to  a mere  shadow.  Neverthe- 
less it  continued  until  after  the  reign  of  Augustus 
Caesar,  or  for  fifteen  centuries,  and  gradually  expired. 

3.  Of  the  Achaean  League,  Rees  says,  “ Strangers 
to  the  desire  of  conquest,  and  having  little  connection 
with  corrupt  nations,  they  never  employed  false- 
hood, even  against  their  enemies.  Although  each 
city  was  independent  of  the  others,  yet  they  formed 
one  body  and  one  state.  So  great  was  their  charac- 
ter for  justice  and  probity,  that  the  Greek  cities  of 
Italy  referred  their  disputes  to  their  arbitration.  The 
Lacedemonians  and  Thebans  referred  to  them  an 
interesting  matter  of  dissension  between  them.  Hav- 
ing long  retained  their  liberty,  they  ceased  not  to 
assemble  when  the  necessity  of  public  deliberation 
required  it,  and  even  when  the  rest  of  Greece  was 
threatened  with  war  and  pestilence.”  Polybius  ob- 
serves, “ The  Achaeans  so  far  gained  the  esteem  and 
confidence  of  all  the  Europeans,  that  their  name 
became  common  to  all  that  country.”  The  Achaean 
League,  however,  at  length  fell  into  discord,  and 
became,  in  consequence,  like  the  Amphictyons,  sub- 
ject to  the  Lacedemonians.  But  280  years  before 
Christ  the  league  was  renewed,  and  continued  134 
years  longer. 


558 


CONGRESS  OF  NATIONS. 


50 


4.  The  Lycian  Confederacy  consisted  of  twenty- 
three  cities,  in  which  a monarchical  form  of  govern- 
ment prevailed.  In  the  general  council,  the  large 
cities  had  three  votes,  the  smaller  two.  They  had 
once  been  addicted  to  piracy  ; but  Rees  says,  “ The 
Lycians  are  highly  commended  by  the  ancients  for 
their  sobriety  and  manner  of  administering  justice.” 

5.  The  league  of  the  Hanse  towns  commenced  in 
the  12th  century,  and  was  confirmed  and  established 
in  the  year  1234.  An  extraordinary  general  assem- 
bly was  held  every  ten  years,  in  which  they  solemnly 
renewed  their  league,  admitted  new  members  and 
expelled  old  ones,  if  they  proved  refractory.  This 
confederation  first  commenced  by  a league  between 
the  cities  of  Lubeck  and  Hamburgh,  and  afterward 
consisted  of  twelve  towns  situated  near  the  Baltic. 
They  first  formed  a system  of  international  laws,  enacted 
in  their  general  assemblies.  The  league  afterward  ex- 
tended to  between  seventy  and  eighty  towns  and  cities. 
In  the  year  1730,  the  regular  number  was  sixty-three, 
besides  which  there  were  forty-four  towns  that  were 
considered  as  allies.  While  they  kept  at  peace  with 
the  surrounding  nations,  they  flourished  beyond  all 
precedent,  but  having  become  rich  and  powerful,  they 
equipped  fleets  and  raised  armies;  and  about  the 
year  1346,  they  waged  a successful  war  against 
Waldemar  III,  king  of  Denmark;  and  again  against 
the  same  power  in  1428.  By  this  means,  they  drew 
on  them  the  jealousy  of  other  powers,  and  the  league 
was  gradually  reduced  ; so  that  the  present  Hanseatic 
League  consists  only  of  the  three  cities,  Lubeck,  Ham- 


51 


CONGRESS  OF  NATIONS. 


559 


burgh,  and  Bremen ; and  in  the  definitive  treaty  of 
1803,  they  were  acknowledged  as  Hanseatic  cities, 
with  a guaranty  of  their  jurisprudence  and  perpetual 
neutrality. 

6.  The  foundation  of  the  confederation  of  the  states 
of  Switzerland,  commonly  called  the  Helvetic  Union, 
was  laid  in  1308.  Rees  says,  “The  code  of  public 
law  between  the  combined  republics  of  Switzerland 
is  founded  on  the  treaty  of  Sempatch  in  1393,  upon 
the  convention  of  Stantz,  and  the  treaty  of  peace  in 
1712,  at  Arau,  between  the  Protestant  and  Catholic 
cantons.  From  these  several  treaties  it  appears,  that 
the  Helvetic  Union  is  a perpetual  defensive  alliance 
between  independent  powers,  to  protect  each  other  by 
their  united  force  against  all  foreign  enemies.  Another 
essential  object  of  the  league  is,  to  preserve  general 
peace  and  good  order;  for  which  purpose  it  is  covenant- 
ed, that  all  public  dissensions  shall  finally  be  settled 
betiveen  the  contending  parties  in  an  amicable  manner  ; 
and  icith  this  vieiv  particular  judges  and  arbitrators 
are  appointed,  ivho  shall  be  empowered  to  compose 
the  dissensions  which  may  happen  to  arise.  To  this 
is  added  a reciprocal  guaranty  of  the  forms  of  gov- 
ernment established  in  the  respective  commonwealths. 
No  separate  engagement,  which  any  of  the  cantons 
may  conclude,  can  be  valid  if  it  be  inconsistent  with 
the  fundamental  articles  of  this  general  union.  With 
these  exceptions,  the  combined  states  are  indepen- 
dent of  each  other.  They  may  form  alliances  with 
any  power,  or  may  reject  the  same,  though  all  the 
others  have  acceded  to  it — may  grant  auxiliary  troops 


560 


CONGRESS  OF  NATIONS. 


52 


to  foreign  princes  — may  prohibit  the  money  of  the 
other  cantons  from  being  current  within  their  own 
territories  — may  impose  taxes,  and,  in  short,  perform 
every  other  act  of  absolute  sovereignty.  The  public 
affairs  of  the  Helvetic  body  are  discussed  and  deter- 
mined in  their  several  diets.”  “ The  ordinary  meet- 
ing of  the  general  diet  is  in  January,  annually,  and 
continues  sitting  one  month.  The  extraordinary 
assemblies  are  summoned  upon  particular  occasions.” 
“Each  canton  sends  as  many  deputies  as  it  thinks 
proper.”  “ The  whole  republic  is  composed  of 
thirteen  cantons,  thirteen  incorporated  territories  and 
twenty-one  independent  lordships.”  “Every  town 
and  state  has  its  own  particular  constitution  for  the 
management  of  its  churches,  academies,  schools  and 
other  ecclesiastical  affairs  ; but  all  live  in  mutual  amity, 
loithout  invading  the  rights  and  privileges  of  one 
another."”  J.  Mallet  Du  Pan,  who  seems  to  have  been 
an  inhabitant  of  Switzerland,  and  probably  a native, 
in  his  “ History  of  the  Destruction  of  the  Helvetic 
Union,”  published  in  London,  in  1798,  says  of  the 
Helvetic  Confederacy,  “ Those  states,  united  for  their 
common  preservation,  consisted  of  twenty  republics, 
forming  one  republic,  and,  notwithstanding  the  defect 
of  a collective  body  without  sovereignty,  experience 
promised  it  duration  ; for  the  imperfection  of  its  federal 
union  was  counterbalanced  by  great  advantages.  If 
it  enfeebled  subordination  in  those  aggregate  com- 
munities, it  also  left  them  with  independence,  the 
invaluable  privilege  of  obeying  their  own  laws  and  of 
being  governed  by  their  immediate  fellow-citizens.” 


53 


CONGRESS  OF  NATIONS. 


561 


“The  relations  and  duties  of  this  defensive  league 
were  settled  by  simple  agreement,  and  their  sanction 
was  ratified  by  time  and  self-interest.  No  treacher- 
ous idea  of  an  independent  republic  ever  entered  the 
minds  of  these  sensible  people.  Nature  and  fortune 
had  made  them  unequal  in  territory,  in  political 
liberty,  manners,  and  origin ; they  respected  nature 
and  the  work  of  ages.”  A writer  in  the  Christian 
Spectator  of  1832,  says,  “ No  diversities  of  character 
and  state  are  greater  than  those  which  exist  in  this 
confederation.  It  comprises  people  of  three  distinct 
nations,  speaking  three  of  the  prominent  languages 
of  Europe,  — the  German  in  the  east,  the  French 
in  the  west,  and  the  Italian  in  the  south-east. 
They  are  divided  into  twenty-two  independent  states, 
each  of  which  has  a dress  and  manners,  in  some 
degree,  peculiar  to  itself,  and  a dialect  often  scarcely 
intelligent  to  those  around  it.  The  forms  of  govern- 
ment vary,  from  the  purest  democracy,  in  which 
every  male  of  the  canton  above  the  age  of  seventeen 
is  a member  of  the  body  which  makes  the  laws,  to 
the  most  rigorous  aristocracy,  in  which  the  offices  are 
confined  almost  entirely  to  the  families  of  patricians. 
The  nature  of  the  confederation  is  not  such  as  to 
impress  a uniform  character  on  elements  so  discor- 
dant. Their  diet  is  a mere  convention  of  ambassadors, 
who  only  treat  with  each  other  according  to  the  strict 
tenor  of  their  instructions,  and  who  cannot  vote  for  a 
law  without  first  obtaining  the  consent  of  the  govern- 
ment which  sends  them.”  It  is  difficult,  but  not 
important,  to  reconcile  the  discrepances  of  these 

71 


562 


CONGRESS  OF  NATIONS. 


54 


writers,  with  respect  to  the  number  of  the  members 
of  this  Union.  Perhaps  the  number  has  been  different 
at  different  times.  Some  members  may  have  been 
excluded,  or  withdrawn,  and  others  added.  All  these 
writers  agree,  however,  in  the  main  features  of  the 
Union;  and  show  that  it  consisted  of  numbers 
of  independent  states,  differing  from  one  another  in 
language,  religion,  laws,  forms  of  government,  man- 
ners and  customs,  united  together,  not  only  for  the 
purpose  of  resisting  foreign  aggression,  but  for  the 
purpose  of  maintaining  peace  with  one  another,  by 
an  equitable  and  amicable  settlement  of  all  disputes 
arising  between  any  two  or  more  members  of  the 
Union,  which  has  continued  for  more  than  500  years 
to  be  a blessing  to  the  framers  of  it  and  their  pos- 
terity. It  is  true  the  whirlwind  of  the  French  revo- 
lution, which  prostrated  every  thing  else  within  its 
vortex,  nearly  upset  this  gallant  bark  also,  so  that 
many,  with  J.  Mallet  Du  Pan,  thought  her  destroyed. 
But  the  storm  passed  over,  and  she  righted  again, 
by  the  weight  of  her  own  ballast,  and  she  now 
keeps  on  the  peaceful  tenor  of  her  way,  the  admiration 
of  the  world  and  a beautiful  monument  of  human 
wisdom.  I have  dwelt  the  longer  on  the  Helvetic 
Union,  because  I consider  the  civil  part  of  this  insti- 
tution — the  diet  and  the  court  of  judges  or  arbitrators 
— as  the  nearest  working  model  of  our  proposed 
Congress  and  Court  of  Nations  which  ever  existed. 
True,  it  is  imperfect,  like  all  other  human  devices, 
and  wants  that  correction,  which  the  increased  knowl- 
edge and  wisdom  of  the  present  times  can  give  it. 


55 


CONGRESS  OF  NATIONS. 


563 


No  good  reason  can  be  given  why  a plan,  which  has 
worked  so  well  on  a small  scale,  may  not  be  extended, 
so  as  to  embrace  all  Christian  and  civilized  nations. 

7.  The  Great  Scheme  of  Henry  IV,  of  France, 
begun  in  1601,  here  requires  a passing  notice.  The 
real  object  of  Henry  is  uncertain, — possibly  it  was 
defence  against  the  encroachments  of  Mahometan 
nations  on  Christendom, — probably  the  humbling  of 
the  house  of  Austria.  Whatever  were  his  motives, 
he  imagined  the  great  project  of  uniting  all  the 
nations  of  Europe  in  one  grand  confederated  republic 
of  fifteen  members  — six  hereditary  monarchies,  five 
elective  monarchies,  and  four  republics.  He  gained 
the  consent  of  Holland,  Hesse  Cassel,  Anhalt,  Hun- 
gary, Bohemia,  Lower  Austria,  several  provinces  and 
towns  in  Germany,  the  Swiss  cantons,  and  queen 
Elizabeth  of  England.  The  limits  of  this  dissertation 
do  not  allow  me  to  go  further  into  the  details  of  a 
plan,  which,  in  the  moral  state  of  the  world  when  it 
was  proposed,  never  could  have  been  accomplished  ; 
and  if  it  had  been,  the  condition  of  mankind,  probably, 
would  not  have  been  immediately  much  ameliorated ; 
for  they  might  have  lost  as  much  in  liberty  as  they  would 
have  gained  in  a peace  compelled  by  the  power  of  the 
sword  and  great  standing  armies,  always  dangerous 
to  liberty  and  the  favorite  instrument  of  tyrants. 
The  assassin  Ravaillac  put  an  end,  at  once,  to  the 
Great  Scheme  and  the  life  of  the  great  Henry,  in 
1610,  and  nothing  remains  of  the  Scheme,  but  its 
record  in  history.  All  that  the  friends  of  peace  would 
make  of  the  Great  Scheme  is,  to  show  that,  if  so  many 


564 


CONGRESS  OF  NATIONS. 


56 


nations  could  be  induced  to  embrace  a plan  so 
complicated,  cumbersome,  and  expensive ; w^e  have 
abundant  reason  to  believe,  that  a plan  so  simple, 
easy,  and  cheap  as  that  which  we  propose,  would  at 
once  be  adopted  by  Christian  nations,  if  once  proposed 
by  some  leading  power. 

8.  The  Holy  Alliance  is  the  next  thing  of  the  kind 
which  claims  our  attention.  An  extraordinary  instru- 
ment, of  three  short  articles,  dated  at  Paris,  September, 
1815,  was  signed  and  sealed  by  Francis,  emperor  of 
Austria,  Frederic  William,  king  of  Prussia,  and  Alex- 
ander, emperor  of  Russia.  The  three  articles  barely 
state,  for  substance,  that  the  high  contracting  parties 
solemnly  pledge  themselves  to  behave  like  brethren 
in  their  future  intercourse  with  one  another,  to  assist 
each  other,  and  to  be  fathers  to  their  subjects.  They 
acknowledge  God  as  the  only  rightful  sovereign,  and 
that  the  world  “has  in  reality  no  other  sovereign  than 
Him.”  They  commend  the  principles  of  the  Christian 
religion  to  their  subjects ; and  they  offer  to  receive 
other  nations  professing  like  principles  into  their 
alliance.  The  emperor  Alexander  issued  a manifesto, 
on  the  Christmas  following,  in  which  he  ordered  the 
articles  of  the  Alliance  to  be  read  in  all  the  churches 
in  Russia.  In  that  manifesto,  he  promised  to  adopt 
“ the  principle  derived  from  the  words  and  religion  of 
our  Lord  and  Saviour  Jesus  Christ,  who  teaches 
mankind  to  live  as  brethren,  not  in  hatred  and  strife, 
but  in  peace  and  love.”  It  does  not  appear,  that  any 
other  of  the  nations,  except  the  abovementioned,  have 
joined  the  Holy  Alliance,  though  the  kings  of  Eng- 


57 


CONGRESS  OF  NATIONS. 


565 


land  and  France  sent  ministers  to  them,  not,  however, 
as  sovereigns,  but  as  individuals.  It  was  said,  that 
there  was  a constitutional  objection  to  Great  Britain’s 
joining  the  Alliance,  as  mentioned  in  the  succeeding 
note.  It  has  been  looked  on  with  jealousy  by  the 
free  people  of  other  countries,  as  a conspiracy  of  kings 
against  the  liberty  of  their  subjects ; but  I have  no 
doubt  that  Alexander,  who  was  the  father  and  chief 
promoter  of  the  enterprise,  meant  better  things.  His 
premature  death,  together  with  this  jealousy,  was 
probably  the  cause  why  the  Holy  Alliance  came  to 
nothing.*  From  what  has  appeared  in  some  English 
periodicals,  it  is  probable,  that  the  plan  of  the  Holy 
Alliance  was  first  suggested  to  Alexander,  when  he 
was  in  London,  by  an  English  lady. 

9.  The  Congress  of  Panama  is  the  last  thing  of 


* The  following  extract  of  a letter  from  ex-president  Adams  to  the 
author,  shows  his  opinion  of  the  Holy  Alliance : 

“The  Holy  Alliance  itself  was  a tribute  from  the  mightiest  men  of 
the  European  world  to  the  purity  of  your  principles  and  the  practica- 
bility of  your  system  for  the  general  preservation  of  peace.  The 
poisonous  ingredient  in  that  league  was  the  unlimited  sovereignty  of 
the  parties  to  it.  The  league  was  autocratic,  and  so  peculiar  was  this 
feature  in  its  composition,  that  the  prince  regent  of  Great  Britain, 
when  invited  to  become  a party  to  it,  because  the  constitution  of  that 
country  did  not  recognize  treaties  as  national,  under  the  personal  sig- 
nature of  the  monarch,  [declined.]  The  professed  principles  of  the 
Holy  Alliance  were  the  perpetual  preservation  of  peace,  and  the  sove- 
reigns who  signed  the  treaty,  declared  that  they  considered  the  Christian 
principles  of  benevolence,  mutual  forbearance  and  charity,  as  obligatory 
upon  them  as  sovereigns  equally  as  upon  individuals.  But  they  bound 
themselves  to  support  each  other  against  all  wrong-doers  (they  them- 
selves to  be  the  judges  of  the  wrong),  not  only  of  foreigners,  but  of 
their  own  subjects.” 


566 


CONGRESS  OF  NATIONS. 


58 


the  kind  of  which  I propose  to  give  an  account,  and, 
as  it  is  an  event  of  great  importance  to  us,  as  an 
attempt  at  something  more  like  the  very  plan  which 
has  always  been  the  object  of  the  friends  of  peace 
than  any  of  the  preceding ; and  as  it  is  but  little  known 
or  understood,  either  in  America  or  Europe,  I shall 
depart  from  the  plan  hitherto  pursued  in  this  chapter, 
of  devoting  but  one  section  to  each  of  the  past 
attempts  at  an  approximation  to  a Congress  of 
Nations.  I spent  a part  of  last  winter  (1838-9)  at 
Washington,  principally  in  order  to  collect  facts  and 
documents  on  this  and  other  subjects  interesting  to 
the  cause  of  peace.  All  the  documents  of  the  House 
of  Representatives  were  politely  laid  open  to  me,  and 
I was  much  assisted  by  the  urbanity  and  intelligence 
of  the  gentleman  who  has  the  charge  of  them.  The 
following  extracts  were  made  from  those  documents. 

10.  President  Adams,  in  his  message  to  both 
Houses  of  Congress,  dated  December  6,  1825,  thus 
notices  the  Congress  of  Panama  and  the  South 
American  states  : “ Among  the  measures  which  have 
been  suggested  to  them,  by  the  new  relations  to  one 
another,  resulting  from  the  recent  changes  in  their 
condition,  is  that  of  assembling,  at  the  isthmus  of 
Panama,  a congress,  at  which  each  of  them  shall  be 
represented,  to  deliberate  on  objects  important  to  the 
welfare  of  them  all.  The  republics  of  Colombia,  of 
Mexico,  and  of  Central  America  have  already  deputed 
plenipotentiaries  to  such  a meeting,  and  they  have 
invited  the  United  States  to  be  also  represented  there 
by  their  ministers.  The  invitation  has  been  accepted. 


59 


CONGRESS  OF  NATIONS. 


567 


and  ministers  on  the  part  of  the  United  States  will 
be  commissioned  to  attend  at  those  deliberations,  and 
to  take  part  in  them,  so  far  as  can  be  compatible  with 
that  neutrality,  from  which  it  is  neither  the  intention, 
nor  the  desire,  of  the  other  American  states  that  we 
should  depart.” 

11.  On  March  7,  1826,  President  Adams  sent  a 
special  message  to  the  House  of  Representatives,  in 
answer  to  their  requirement,  from  Avhich  the  following 
facts  and  observations  are  obtained.  It  appears  that 
before  instructions  had  been  given  to  our  ministers  to 
Panama,  treaties  had  been  entered  into  by  the  repub- 
lics of  South  America.  In  this  message,  Mr.  Adams 
observes,  “ In  the  intercourse  between  nations,  temper 
is  a minister,  perhaps  more  powerful  than  talent. 
Nothing  was  ever  lost  by  kind  treatment.  Nothing 
can  be  gained  by  sullen  repulses  and  aspiring  preten- 
sions.” “ Objects  of  the  highest  importance,  not 
only  to  the  future  welfare  of  the  whole  human  race, 
but  bearing  directly  on  the  special  interests  of  this 
Union,  will  engage  the  deliberations  of  the  Congress 
of  Panama,  whether  we  are  represented  there  or  not. 
Others,  if  we  are  represented,  may  be  offered  by  our 
plenipotentiaries  for  consideration,  having  in  view  both 
these  great  results — our  own  interests  and  the 
improvement  of  the  condition  of  man  upon  earth.  It 
may  be  that,  in  the  lapse  of  many  centuries,  no  other 
opportunity  so  favorable  will  be  presented  to  the 
government  of  the  United  States,  to  subserve  the 
benevolent  purposes  of  Divine  Providence,  to  dispense 
the  promised  blessings  of  the  Redeemer  of  mankind. 


568 


CONGRESS  OF  NATIONS. 


60 


to  promote  the  prevalence,  in  future  ages,  of  peace  on 
earth  and  good-will  to  man,  as  will  now  be  placed  in 
their  power  by  participating  in  the  deliberations  of 
this  congress.” 

12.  The  President  further  adds,  “It  will  be  in  the 
recollection  of  the  House  that,  immediately  after  the 
war  of  our  independence,  a measure,  closely  analogous 
to  this  Congress  of  Panama,  was  adopted  by  the 
Congress  of  our  confederation,  and  for  purposes  of 
precisely  the  same  character.  Three  commissioners, 
with  plenipotentiary  powers,  were  appointed,  to  nego- 
tiate treaties  of  amity,  navigation,  and  commerce  with 
all  the  principal  powers  of  Europe.  They  met  and 
resided  about  one  year,  for  that  purpose,  at  Paris ; 
and  the  result  of  their  negotiations,  at  that  time,  was 
the  first  treaty  between  the  United  States  and  Prussia 
— remarkable  in  the  diplomatic  annals  of  the  world, 
and  precious  as  a monument  of  the  principles  in  rela- 
tion to  commerce  and  maritime  warfare,  with  which 
our  country  entered  into  her  career  as  a member  of  the 
great  family  of  independent  nations.  This  treaty,  pre- 
pared in  conformity  with  the  instructions  of  the  Amer- 
ican plenipotentiaries,  consecrated  three  fundamental 
principles  of  foreign  intercourse,  which  the  Congress 
of  that  period  were  desirous  of  establishing.  First, 
equal  reciprocity  and  the  mutual  stipulation  of  the 
privileges  of  the  most  favored  nation  in  the  commercial 
exchanges  of  peace  ; secondly,  the  abolition  of  private 
ivar  on  the  ocean  ; and,  thirdly,  restrictions  favorable  to 
neutral  commerce  upon  belligerent  practices  with  regard 
to  contraband  of  war  and  blockades.”  “ They  were 


61  CONGRESS  OF  NATIONS.  .569 

able  to  obtain  from  one  great  and  philosophical, 
though  absolute,  sovereign  of  Europe  [Frederick  III, 
of  Prussia]  an  assent  to  their  liberal  and  enlightened 
principles.” 

13.  Speaking  of  the  republics  of  South  America, 
the  President  adds,  “ The  only  causes  of  dissension 
between  us  and  them  which  ever  have  arisen,  origi- 
nated in  those  never-failing  fountains  of  discord  and 
irritation,  discriminations  of  commercial  favor  to  other 
countries,  licentious  privateers,  and  paper  blockades.^' 
He  further  adds,  “ If  it  be  true,  that  the  noblest  treaty 
of  peace  ever  mentioned  in  history,  is  that  by  which 
the  Carthaginians  were  bound  to  abolish  the  practice  of 
sacrificing  their  own  children  because  it  teas  stipulated 
in  favor  of  human  nature,  I cannot  exaggerate  to 
myself  the  unfading  glory,  with  which  these  United 
States  will  go  forth  in  the  memory  of  future  ages,  if 
by  their  friendly  counsel,  by  their  moral  influence,  by 
the  povver  of  argument  and  persuasion  alone,  they 
can  prevail  upon  the  American  nations  at  Panama  to 
stipulate  by  general  agreement  among  themselves, 
and  so  far  as  any  of  them  may  be  concerned,  the 
perpetual  abolition  of  private  war  upon  the  ocean. 
And  if  we  cannot  yet  flatter  ourselves,  that  this  can 
be  accomplished,  as  advances  toward  it,  the  establish- 
ment of  the  principle,  that  the  friendly  flag  shall  cover 
the  cargo,  the  curtailment  of  the  contraband  of  war,  and 
the  proscription  of  fletitious  paper  blockades  ; engage- 
ments, which  we  may  reasonably  hope  will  not  prove 
impracticable,  will,  if  successfully  inculcated,  redound 
proportionably  to  our  honor,  and  drain  the  fountain 


72 


570 


CONGRESS  OF  NATIONS. 


62 


of  many  a future,  sanguinary  war.”  The  President 
closed  his  message  with  the  following  remarks : 
“That  the  Congress  of  Panama  will  accomplish  all, 
or  even  any  of  the  transcendent  benefits  to  the  human 
race  which  warmed  the  conception  of  its  first  purpose, 
it  is  perhaps  indulging  too  sanguine  a forecast  of 
events  to  promise.  It  is  in  its  nature  speculative  and 
experimental.  The  blessings  of  heaven  may  turn  it 
to  the  account  of  human  improvement.  Accidents 
unforeseen  and  mischances  not  to  be  anticipated  may 
baffle  all  its  high  purposes  and  disappoint  its  fairest 
expectations.  But  the  design  is  great.  It  looks  to 
the  amelioration  of  the  condition  of  man.” 

14.  Accompanying  this  message  was  a communi- 
cation from  Henry  Clay,  Secretary  of  State,  giving 
an  account  of  the  first  intimation,  which  was  made 
to  him,  of  the  proposed  Congress  of  Panama,  which 
intimation  was  made  during  the  preceding  spring, 
in  a conversation  with  the  ministers  of  Colombia 
and  Mexico  on  the  same  day.  Don  Jose  Maria 
Salazar,  minister  from  Colombia,  wrote  a letter 
to  Mr.  Clay,  under  date  of  November  2,  1825, 
in  which  he  reminds  him  of  a previous  conversation 
on  the  subject  of  the  proposed  Congress,  and  Mr. 
Clay’s  intimation  that,  if  the  United  States  were 
formally  invited,  they  would  send  a delegate  to  it. 
This  letter  is  intended  to  be  the  formal  invitation,  at 
the  same  time  informing  Mr.  Clay  that  the  “ minister 
from  Mexico  will  present  the  same  on  the  part  of  his 
government;  and  that  the  minister  from  Guatemala 
has  just  received  similar  instructions  from  his  govern- 
ment.” Don  Pablo  Obregen,  the  minister  from 


63 


CONGRESS  OF  NATIONS. 


571 


Mexico,  afterwards  extended  a similar  formal  invita- 
tion, in  which  he  states,  that  the  Congress  was  to 
assemble  at  Panama,  and  that  “ representatives  from 
Colombia,  Peru,  Guatemala,  and  Mexico  will  have 
arrived  at  the  date  of  this  letter,”  (Nov.  3,  1825.) 
Don  Antonio  Jose  Canar,  minister  from  the  govern- 
ment of  Central  America,  in  a letter  to  Mr.  Clay,  of 
near  the  same  date,  joins  in  the  invitation,  and  states, 
that  his  government  had  formed  a convention  with 
Colombia  on  the  19th  of  March  preceding,  providing 
for  this  object. 

15.  On  the  abovementioned  message  of  the  Presi- 
dent, it  seems  Mr.  Crowninshield,  of  the  committee 
of  Foreign  Alfairs,  offered  a report,  dated  March  26, 
1826,  of  which  the  following  are  some  of  the  features. 
1st.  The  report  replies  to  the  objection  that  the 
proposed  Congress  is  unconstitutional,  and  plainly 
shows  its  constitutionality.  2d.  It  replies  to  the 
objection,  “ that  all  its  objects  could  be  attained  by 
separate  negotiation  with  the  several  states,”  and 
thus  answers  that  objection.  “It  is  questionable 
whether  separate  and  disconnected  negotiations 
between  states,  geographically  so  remote  and  in 
various  respects  politically  different  from  each  other, 
could  be  brought  to  the  same  harmonious  and  sys- 
tematic result  as  a discussion  in  an  assembly  of 
diplomatic  agents,  promptly  communicating  with  each 
other  information,  counsel,  and  argument.”  Another 
objection  answered  is,  that  of  an  “entangling  alliance.” 
It  was  shown,  that  there  is  no  more  danger  in  an 
alliance  with  all  the  nations  together,  than  in  an 


572 


CONGRESS  OF  NATIONS. 


64 


alliance  with  each  separately,  especially  when  it  is 
understood,  that  no  act  of  our  ministers  at  the  Con- 
gress w'ould  be  binding,  until  ratified  by  our  govern- 
ment. Another  objection  answered  in  the  report  is, 
that  the  proposed  Congress  is  unprecedented.  But 
there  have  been  many  congresses  of  a like  nature  in 
Europe,  and  if  this  objection  ever  had  any  force,  it  is 
now  void.  The  adoption  of  the  federal  constitution 
of  the  United  States  was  equally  unprecedented. 

16.  It  would  be  very  interesting,  to  insert  the  whole 
of  this  very  able  report.  Almost  all  the  arguments, 
used  to  support  the  policy  of  sending  representatives 
to  the  Congress  of  Panama,  would  apply  to  the  case 
of  a Congress  of  Nations ; while  some  objections 
which  appeared  specious,  when  urged  against  the 
Congress  of  Panama,  are  of  no  force  when  urged 
against  a general  Congress  of  Nations.  While  this 
report  was  under  consideration  in  the  House,  several 
resolutions,  hostile  to  it,  were  introduced,  but  their 
aim  seemed  to  be  chiefly  directed  against  political 
connection ; but  to  a representative  in  a diplomatic 
character,  there  seemed  to  be  no  forcible  objection. 

1 7.  Brevity  compels  me  barely  to  notice  a few  facts 
and  dates  of  importance,  like  the  following.  The 
emperor  of  Brazil  appointed  a plenipotentiary  to 
attend  the  Congress  of  Panama,  by  a decree  dated 
January  25,  1826.  On  March  26,  1826,  President 
Adams  submitted  to  the  consideration  of  Congress 
the  propriety  of  making  the  appropriation  necessary 
to  carry  into  effect  the  Congress  of  Panama.  The 
commissions  of  the  ministers  from  the  United  States 


65 


CONGRESS  OF  NATIONS. 


573 


to  the  Congress  of  Panama,  are  dated  March  14, 
1826.  Mr.  Anderson,  one  of  our  ministers  left 
Bogota,  to  repair  to  Panama,  June  12,  1826.  Mr. 
Sargeant,  our  other  minister,  commenced  his  legation 
on  the  24th  of  October  of  the  same  year.  The 
Congress  of  Panama  was  organized  22d  of  June, 
1826.  The  session  was  a short  one,  on  account  of 
the  sickliness  of  the  climate  of  Panama,  most  of  the 
delegates  being  affected  with  it ; and  it  was  adjourned 
to  meet  at  Tacubaya,  near  the  city  of  Mexico,  July 
15th,  of  the  following  year.  An  agent  was  sent  by  the 
governments  of  Great  Britain,  of  France,  and  of  the 
Netherlands,  but  it  does  not  appear  that  either  arrived 
in  time  to  be  present  at  the  first  congress.  Neither 
of  the  envoys  from  the  United  States  arrived  in  time 
for  the  first  session.  The  only  members  represented 
were  Peru,  IMexico,  Central  America,  and  Colombia. 
Plenipotentiaries  were  expected  from  Chili,  but  there 
was  not  time  for  their  appointment  and  arrival. 

18.  One  of  the  subjects  to  be  discussed  at  Panama 
w'as,  the  right  of  a civilized  nation  so  to  occupy  un- 
civilized countries,  by  colonies,  as  to  exclude  others. 
One  object  of  our  sending  commissioners  to  Panama 
was  to  secure  to  our  citizens  their  religious  rights  in 
the  various  countries  of  South  America.  A similar 
subject  might,  perhaps,  engage  the  attention  of  a 
Congress  of  Nations.  The  Colombian  minister  at 
Washington,  in  one  of  his  communications  to  our 
government,  says,  “At  Panama,  the  best  and  most 
opportune  occasion  is  offered  to  the  United  States,  to 
fix  some  principles  of  international  law,  the  unsettled 


574 


CONGRESS  OF  NATIONS. 


66 


state  of  ivhich  has  done  much  evil  to  humanity.”  Anoth- 
er thing  proposed  by  him  was  a treaty  offensive  and 
defensive  against  the  aggressions  of  Spain.  This, 
after  all,  perhaps  was  the  chief  object  of  the  South 
American  republics  for  calling  the  Congress  ; but  this, 
of  course,  the  United  States  would  have  nothing  to 
do  with,  having  always  adopted  a neutral  policy. 
The  rights  of  neutrals,  the  suppression  of  the  African 
slave  trade,  and  the  independence  of  Hayti,  were 
among  the  other  objects  proposed,  perhaps  for  a lure, 
to  our  government. 

19.  As  no  delegates  had  arrived  from  any  foreign 
nation,  in  time  to  take  part  in  the  deliberations  of  the 
first  session  of  the  Congress,  none  of  those  things  of 
general  interest  to  the  civilized  world  at  large  were 
agitated,  but  they  only  busied  themselves  with  South 
American  concerns,  perhaps  from  a conviction,  that 
it  would  be  useless  to  discuss  topics  of  general 
interest,  in  so  small  a Congress.  The  business  done 
Avas,  “ 1st.  A treaty  of  union,  league,  and  perpetual 
confederation,  between  the  four  American  states 
represented  at  the  Congress,  to  Avhich  the  other 
powers  of  America  might  accede  within  a year.  2d. 
A convention  for  the  renewal  of  the  great  assembly 
annually  in  time  of  war,  and  tri-annually  in  time  of 
peace.  3d.  A convention  which  fixes  the  contingent 
which  each  confederate  should  contribute  for  the 
common  defence.  4th.  An  arrangement  concerning 
the  employment  and  direction  of  those  contingents. 
5th.  Divers  declarations,  that  the  treaties  which 
Colombia  had  formerly  concluded  with  the  United 


67 


CONGRESS  OF  NATIONS. 


575 


Mexican  States,  Central  America,  and  Peru,  should 
be  included  in  those  treaties  with  certain  reserva- 
tions.” 

20.  This  is  all  that  was  done  at  the  Congress  of 
Panama,  and  probably  none  of  it  would  have  been 
done  in  that  Congress,  had  the  delegates  appointed 
by  the  other  powers  arrived  in  time  to  take  a part  in 
the  discussions.  But  these  delegates  from  the  South 
American  states,  finding  themselves  alone,  did  not 
venture  on  the  discussion  of  those  topics  which  were 
proposed  by  those  states  when  they  invited  other 
powers  to  join  them  in  a Congress  of  Nations  ; and 
they  acted  only  on  those  which  Avere  peculiarly 
interesting  to  themselves,  and  which  would  not  have 
been  thought  proper  subjects  of  discussion  in  a 
congress  of  delegates  from  the  principal  powers  of 
Christendom.  What  were  some  of  the  principal 
objects  aimed  at  by  the  Congress  of  Panama  may  be 
learned  from  the  introductory  or,  probably,  inaugural 
speech  of  the  minister  from  Peru — for  which  see 
Appendix,  No.  1. 

21.  In  a conversation  which  I held  with  Mr.  Sar- 
geant,  at  Washington,  January  29,  1839,  I learned, 
that  he  went  to  Tacubaya,  at  the  time  appointed,  and 
found  there  but  two  or  three  delegates, — whether 
Mr.  Anderson  was  one  of  them  I do  not  know,  or 
whether  he  attended  any  meeting  of  the  Congress, 
— but  no  congress  was  organized  at  Tacubaya,  and 
there  the  thing  ended.  I did  not  find  Mr.  Sargeant 
very  communicative  — perhaps  on  account  of  ill  health 
and  a pressing  engagement  on  his  hands,  which 


576 


CONGRESS  OF  NATIONS. 


68 


required  his  immediate  attention.  I had  no  opportu- 
nity to  call  on  him  afterward.  Diligent  search  was 
made,  among  the  congressional  documents,  for  a 
report  from  the  delegation  to  Panama,  but  it  was  not 
found.  I have  since  written  to  Mr.  Sargeant  for  a 
copy  of  such  a report,  but  have  received  no  answer. 
Probably  such  a report  was  never  made. 

22.  The  causes  of  the  failure  of  the  Congress  of 
Panama,  and  the  reasons  why  it  did  not  become  a 
Congress  of  Nations,  deserve  a passing  notice.  1st. 
The  South  Americans  were  not  the  people  to  com- 
mence such  a congress — just  emerged  as  they  were 
from  a state  of  semi-barbarism  and  slavery,  they 
knew  little,  or  nothing,  of  the  principles  of  interna- 
tional law — and,  besides  this,  they  were  more  intent 
on  securing  their  own  independence  from  Spain,  than 
establishing  a system  of  pacific  relations  with  all  other 
nations.  They  were,  themselves,  at  war  at  the  time, 
and  could  attend  to  nothing  but  war.  The  govern- 
ment, that  invites  a Congress  of  Nations,  must  be  in 
perfect  peace  and  harmony  with  all  other  governments. 
2d.  Panama  was  not  the  place  for  such  a congress,  far 
removed  as  it  was  from  intercourse  with  the  rest  of  the 
world,  and  very  sickly.  Could  the  Congress  have  been 
held  together  until  our  ambassadors  and  the  delegates 
from  other  enlightened  states  could  have  met  with 
them,  something  might,  nevertheless,  have  been  done ; 
but,  interrupted  by  an  endemical  sickness,  they  scat- 
tered, never  again  to  be  united.  Had  President 
Adams,  when  invited  to  attend  to  this  subject,  only 
requested,  that  the  proposed  congress  should  be  held 


69  CONGRESS  OF  NATIONS.  577 

at  Washington  or  Philadelphia,  the  South  American 
ministers  could  not  have  objected,  many  more  dele- 
gates would  have  been  sent  by  the  powers  of  Europe, 
a Congress  of  Nations  would  have  commenced,  and 
a new  and  happy  era  would  have  dawned  on  the 
world.  3d.  The  character  of  Bolivar,  under  whose 
auspices  the  congress  was  called,  was  another  obsta- 
cle to  its  success.  More  intent  on  extending  his  own 
power  than  on  preserving  peace,  he  found  that  the 
congress  would  be  an  obstacle  to  his  ambitious 
designs,  and  he  therefore  withdrew  his  countenance 
from  it.  I am  confirmed  in  this  opinion,  by  a letter 
from  ex-president  Adams  to  me,  dated  September 
14,  1838,  of  which  the  following  is  an  extract;  “The 
proposition  [for  a congress  of  the  South  American 
nations]  originated,  I believe,  with  the  late  Doctor 
William  Thornton,  of  Washington;  who  addressed  a 
memoir,  recommending  a congress  of  the  American 
republics,  to  a distinguished  citizen  of  Venezuela, 
through  whom  it  was  communicated  to  Bolivar,  the 
Napoleon  of  this  hemisphere.  Bolivar  had  no  more 
honest  regard  for  peace  or  human  liberty  than  had 
his  prototype  in  Europe,  but  he  had  liberated,  con- 
quered, and  constituted  the  republic  of  Colombia  — 
he  was  pursuing  his  conquests  into  Peru,  and  consti- 
tuting another  mock  republic  there,  and  was  wearing 
himself  out  in  projects  of  investing  his  brow  with  an 
imperial  crown,  sparkling  before  his  eyes,  like  the 
dagger  before  the  vision  of  Macbeth.  Bolivar 
thought  that  a Congress  of  Nations  at  Panama  might 
serve  to  promote  some  of  his  own  ambitious  purposes, 


73 


578 


CONGRESS  OF  NATIONS. 


70 


and  he  made  the  proposition.  The  other  emancipated 
colonies,  however,  and  especially  the  Mexicans,  were 
jealous  of  his  designs,  and  had  counter  projects  of 
their  own.” 

23.  The  inference  to  be  deduced  from  this  abortive 
attempt  at  a Congress  of  Nations  is,  that  the  govern- 
ments of  Christendom  are  willing  to  send  delegates 
to  any  such  Congress,  whenever  it  shall  be  called  bij 
a respectable  state,  well  established  in  its  own  govern- 
ment, if  called  in  a time  of  peace,  to  meet  at  a proper 
place.  That  this  attempt  at  a Congress  of  Nations, 
or  even  a dozen  more,  should  prove  abortive  on 
account  of  defects  in  their  machinery  or  materials, 
ought  not  to  discourage  us,  any  more  than  the  dozen 
incipient  attempts  at  a steam-boat,  which  proved 
abortive  for  similar  reasons,  should  have  discouraged 
Fulton.  Every  failure  throws  new  light  on  this  sub- 
ject, which  is  founded  in  the  principles  of  truth  and 
equity.  Some  monarch,  president,  or  statesman  — 
some  moral  Fulton,  as  great  in  ethics  as  he  was  in 
physics,  will  yet  arise,  and  complete  this  great  moral 
machine,  so  as  to  make  it  practically  useful,  but 
improvable  by  coming  generations.  Before  the  fame 
of  such  a man,  your  Caesars,  Alexanders,  and  Napo- 
leons will  hide  their  diminished  heads,  as  the  twinkling 
stars  of  night  fade  away  before  the  glory  of  the  full- 
orbed  king  of  day.  It  is  remarkable  that  the  first 
intimation  of  the  last  two  abortive  attempts  at  a 
Congress  of  Nations, — abortive  because  deficient  in 
constitution  and  materials,  — should  have  been  sug- 
gested by  a private  individual. 


71 


CONGRESS  OF  NATIONS. 


579 


24.  My  remarks  on  the  past  attempts  at  something 
like  a Congress  and  Court  of  JYations,  mentioned  in  this 
chapter,  must  be  few.  It  is  obvious  to  the  reader  of 
history,  that  I have  selected  but  few  out  of  the  great 
number  of  these  attempts,  both  in  ancient  and  modern 
times ; but  I have  taken  those  with  which  the  general 
reader  is  best  acquainted,  except  the  congress  of 
Panama,  which  is  comparatively  recent  and  unknown, 
and  in  which  our  country  was  much  interested ; and, 
therefore,  it  required  a more  extended  development. 
It  is  equally  obvious,  that  from  the  earliest  ages,  man- 
kind have  been  desirous  of  something  like  the 
proposed  Congress  and  Court  of  Nations,  especially 
in  communities  of  small  independent  states,  when, 
from  the  contiguity  of  the  parties,  such  a plan  was 
the  more  easy  to  be  carried  into  effect,  and  more 
necessary  to  their  safety,  peace  and  happiness.  Many 
of  these  attempts  were  eminently  successful;  and 
though  they  partook  of  the  instability  of  all  sublunary 
things ; while  they  did  continue,  they  were  a great 
blessing  to  the  parties  concerned,  and  often  to 
surrounding  nations. 

25.  There  are  some  features  in  these  past  attempts, 
which  would  be  retained  by  us,  as  essential  to  Qur 
plan ; and  some  as  decidedly  rejected.  We  should 
adopt  the  pacific  part  of  their  plans,  which  was  to 
secure  peace  and  equity  among  themselves,  though  it 
was  but  a secondary  consideration  to  them,  as  neces- 
sary to  their  existence  as  a confederation.  With  us, 
this  pacific  principle  is  the  chief  motive.  The  other 
has  no  weight  at  all.  Ought  we  not  to  suppose,  that 


580 


CONGRESS  OF  NATIONS. 


72 


in  this  enlightened  age  of  the  world,  this  chief  motive 
would  be  sufficient  to  induce  Christian  nations  to 
make  the  safe  and  cheap  attempt,  when  the  good  to 
be  obtained  by  success  is  commensurate  only  with 
the  extent  and  duration  of  the  world  ? Is  it  too  much 
to  hope  that,  in  this  age  of  reason  and  philanthropy, 
the  preservation  of  peace,  equity,  and  justice,  and  the 
avoidance  of  all  the  sins  and  horrors  of  war  may  be 
a sufficient  motive  to  induce  Christian  nations  to  try 
the  experiment  recommended  in  these  Essays  1 Our 
plan  would  not  essentially  change  the  existing  relations 
ol  nations  towards  each  other  with  respect  to  peace 
and  war,  by  any  direct  influence  on  the  subject.  It 
is  only  a general  treaty  entered  into,  by  all  the  nations 
with  each,  and  by  each  nation  with  all,  that  henceforth 
they  will  endeavor  to  settle  their  controversies  with 
one  another  by  the  law  of  reason,  as  becomes  rational 
creatures,  and  not  by  the  law  of  violence  which 
becomes  only  brutes ; and  that  if  war  be  necessary 
in  the  nature  of  things,  and  men  will  fight,  they  shall 
mutually,  and  jointly,  and  severally  agree,  that  they 
will  abandon  some  of  the  most  barbarous  features  of 
war,  and  protect  the  peaceful ; and  that  they  will  seek 
those  things  which  make  for  the  peace  and  happiness 
of  mankind  at  large.  Therefore  our  plan  has  nothing 
to  do  with  physical  force  and  leagues  offensive  and 
defensive,  which  at  the  commencement  of  the  above- 
mentioned  councils,  leagues,  diets,  alliances,  and  con- 
gresses, sowed  the  seeds  of  their  dissolution  ; but  our 
plan  depends  entirely  on  the  influence  of  moral  power 
for  the  good  it  will  do  to  the  world,  but  it  retains  the 


73 


CONGRESS  OF  NATIONS. 


581 


expectation  of  settling  the  principles  of  international 
law,  by  compact  and  agreement,  in  a general  treaty, 
to  which  the  nations  of  Christendom  will  be  parties ; 
and  it  also  retains  the  principle  and  practice  of  peace- 
ful mediation  between  contending  factions  or  nations, 
and  the  promotion  of  every  plan  for  bettering  the 
moral,  intellectual,  and  physical  condition  of  man. 

26.  In  the  foregoing  plans,  the  number  of  delegates 
from  each  of  the  allied  nations  has  been  different  at 
different  unions.  The  best  way,  I think,  is  to  allow 
of  as  many  delegates  to  the  Congress  of  Nations  as 
any  government  would  choose  to  send,  but  each 
delegation  to  be  considered  as  a separate  college, 
entitled  to  but  one  vote,  and  to  but  one  turn  to  speak 
in  the  discussions,  so  as  to  be  considered  as  but 
one  person,  and  if  any  college  should  be  equally 
divided  on  any  question,  of  course  their  vote  would 
be  neutralized.  To  avoid  this  difficulty,  the  number 
in  each  college  might  be  an  odd  one. 


582 


CONGRESS  OF  NATIONS. 


74 


CHAPTER  IX. 


SOME  ACCOUNT  OF  ATTEMPTS  WHICH  HAVE  BEEN  MADE  BY  PRIVATE 
INDIVIDUALS  AND  PEACE  SOCIETIES  TO  CALL  THE  ATTEN- 
TION OF  THE  PUBLIC  TO  THE  SUBJECT  OF  A 
CONGRESS  OP  NATIONS. 

1.  William  Penn’s  Essay — 2.  Essay  of  St.  Pierre — 3.  Monthly  Maga- 
zine— 4.  London  Peace  Society — 5.  Massachusetts  Peace  Society — 
0.  American  Peace  Society — 7.  Premiums  offered — 8.  First  move- 
ments in  Massacimsetts — 9.  First  petition  to  the  Legislature  of 
Massachusetts — 10.  Second  petition  to  the  same — 11.  Petitions  to 
Congress — 12.  Action  on  them- — 13.  Remarks  on  Mr.  Legare’s  re- 
port— 14.  Further  petitions  to  Congress — 15.  Action  in  Switzerland. 

1.  William  Penn  in  1693  published  an  “Essay 
on  the  present  and  future  peace  of  Europe,”  in  which 
he  urged  the  plan  of  a general  congress  for  the  settle- 
ment of  international  disputes,  and  referring  to  the 
“great  design”  of  Henry  IV,  he  says:  “His  exam- 
ple tells  us  that  this  is  fit  to  he  done.  Sir  William 
Temple’s  history  of  the  United  Provinces  shows,  by 
a surpassing  instance,  that  it  may  he  done,  and  Eu- 
rope, by  her  incomparable  miseries,  that  it  ought  to 
he  done.”  * I have  read  the  Essay.  It  is  chiefly 
remarkable  for  having  been  the  first  thing  of  the 
kind  in  modern  times. 

2.  Charles  Castel  Irene  de  Saint  Pierre,  who  died 
in  the  year  1743,  and  who  must  be  distinguished 


'*  Herald  of  Peace. 


75 


CONGRESS  OF  NATIONS. 


583 


from  the  author  of  the  Studies  of  Nature,  who  was 
his  nephew,  seems  to  have  been  the  author  of  the 
next  published  dissertation  on  a Congress  of  Nations. 
There  is  nothing  left  of  this  Essay,  but  a review  of  it, 
which  is  published  among  the  works  of  John  James 
Rousseau.  St.  Pierre  was  the  originator  of  the  plan, 
but  Rousseau  seems  to  have  admired  it,  and  published 
this  review  with  remarks  of  his  own.  The  plan  of 
St.  Pierre  and  Rousseau  was  a confederation,  like  the 
Amphictyonic  Council,  the  Helvetic  Union,  &.c. — a 
system  of  legislation  and  arbitration  enforced  by  arms. 
They  adopt  the  error  common  to  ancient  and  modern 
times,  that,  “It  is  necessary  that  no  considerable 
power  should  refuse.”  The  projector  makes  five 
articles  necessary  to  the  confederacy.  “ By  the  first, 
the  contracting  sovereigns  should  establish  among 
themselves  a perpetual  and  inviolable  alliance,  appoint- 
ing plenipotentiaries  to  hold  a fixed  and  permanent 
diet,  or  congress,  in  a certain  place,  in  which  diet, 
all  the  differences  arising  between  the  contracting 
parties  shall  be  regulated  and  decided  by  way  of 
arbitration.”  The  other  four  articles  show  how  the 
decrees  of  the  diet  should  be  enforced  by  arms ; and 
undertakes  to  answer  some  objections.  The  author 
then  recapitulates  the  evils  attending  the  settlement  of 
national  controversies  by  war,  under  thirteen  heads, 
and  opposes  to  them  the  advantages  by  arbitration, 
under  eight  heads.  Both  the  evils  and  advantages 
are  too  obvious  to  need  particular  notice.  Saint 
Pierre  presented  his  scheme  to  all  the  monarchs  of 
Europe,  and  among  the  rest  to  Louis  XV,  of  France. 


584 


CONGRESS  OF  NATIONS. 


76 


Cardinal  Fleury,  the  prime  minister,  pleasantly  told 
the  author,  that  “he  had  forgotten  one  preliminary 
article,  which  was  the  delegation  of  missionaries  to 
dispose  the  hearts  of  the  princes  of  Europe  to  submit 
to  such  a diet.”  The  peace  societies  must  furnish 
these  missionaries,  and  send  them  to  the  princes  in 
monarchical  governments,  and  to  the  people  in  mixed 
and  republican  governments.  Let  public  opinion  be 
on  our  side,  and  missionaries  will  not  be  wanting. 

3.  The  subject  of  a Congress  of  Nations  seems  to 
have  slept  in  forgetfulness  amid  the  thunders  of  the 
late  wars  in  Europe,  when  the  attention  of  mankind 
was  so  engrossed  with  plans  of  mutual  destruction, 
that  there  was  no  opportunity  for  the  “still  small 
voice  ” of  peace  to  be  heard.  Y et  there  were  a few 
who  thought  on  the  evils  of  war,  and  sought  a remedy. 
In  the  London  “ Monthly  Magazine  ” of  July,  1811, 
appeared  an  anonymous  letter  to  the  editor,  from 
which  I make  the  following  extract : “ It  appears  to 
me,  that  if  the  powerful  at  the  head  of  different 
nations  would  seriously  turn  their  thoughts  to  the 
subject,  that  it  is  not  without  some  probability,  that 
a jYational  Court  of  Jlrhitration  might  be  established, 
to  which,  when  two  nations  disagree,  their  cause 
might  be  referred ; and  that  the  decision  of  this  court 
would  frequently,  if  not  always,  be  abided  by.  Do 
we  not  see,  when  a difference  exists  between  two 
people  respecting  some  transaction  in  business,  that 
the  cause  is  referred  to  private  arbitration  and  the 
decision  abided  byl  Why,  therefore,  would  it  be 
impossible  to  form  a national  court  of  arbitration  ? I 


77  CONGRESS  OF  NATIONS.  585 

rather  compare  a court  of  this  sort  to  an  arbitration 
than  to  a court  of  justice ; for  in  an  arbitration,  the 
parties  choose  their  friends  to  be  settlers  of  the  dis- 
pute, which  is  not  the  case  when  people  go  to  law ; 
the  Judge  and  jury,  perhaps,  are  all  unknown  to  the 
parties  differing.  Each  nation  might  send  one  or 
more  deputies  to  the  National  Court,  which  should, 
perhaps,  meet  at  different  places,  as  might  suit,  or 
have  one  permanent  place  of  assembling.”  “ P.  S. 
Was  there  ever  an  attempt  of  this  kind  acted  onl” 
These  few  thoughts  appear  to  be  very  crude.  The 
writer  does  not  seem  to  have  been  aware  of  the 
necessity  of  a Congress  of  Nations,  previous  to  a Court 
of  Nations,  to  organize  such  a court,  define  its  powers, 
and  prescribe  the  principles  on  which  it  should  judge ; 
nor  does  he  seem  to  be  aware,  that  if  “ each  nation 
send  one  or  more  deputies  to  the  National  Court,” 
it  would  be  impossible  and  improper  for  “ the  parties 
to  choose  their  fi'mids,”  to  be  settlers  of  a dispute. 
This  writer  appears  to  be  ignorant,  that  any  one  else 
ever  thought  of  a Court  of  Nations ; and  I never  saw 
his  articles  until  I had  arrived  at  this  place  in  my 
Essay.  Could  people  be  brought  together  to  confer 
on  this  plan,  nine  out  of  ten  of  the  decent  people  of 
Christendom  would  agree  to  it,  as  soon  as  they 
understood  it. 

4.  The  London  Peace  Society  has  always  been 
friendly  to  the  plan  of  a Court  or  Congress  of  Nations, 
as  appears  by  the  following  extract  from  the  Herald 
of  Peace,  which  is  their  organ.  “The  Court  of 
Nations  is  the  end  of  the  operations  of  the  peace 


74 


586 


CONGRESS  OF  NATIONS. 


78 


societies,”  but  it  has  never  taken  any  decided  action 
on  it,  until  lately.  The  Herald  of  Peace  for  July, 
1839,  contains  a petition  to  Parliament  on  the  subject 
of  a Congress  of  Nations,  which  was  presented  on  the 
12th  of  April  preceding,  by  Edward  Baines,  Esq., 
member  for  Leeds,  and  in  the  House  of  Lords  by  I 
know  not  who.  I mention  this  event  in  this  place  for 
the  purpose  of  preserving  the  connection.  But  as  it 
is  best  to  observe  the  order  of  time  in  the  Appendix, 
I have  given  this  petition  the  place  of  No.  13. 

5.  There  is  nothing  in  the  publications  of  the 
Massachusetts  Peace  Society  which  favors  the  idea 
that  the  plan  for  a Congress  of  Nations  ever  engaged 
the  attention  of  the  Rev.  Noah  Worcester,  D.  D.,  the 
venerable  founder  of  that  institution,  and  the  only 
editor  of  “ Friend  of  Peace,”  the  organ  of  that  society, 
or  of  any  one  of  its  members ; nor  do  we  find  any 
mention  of  the  plan  in  the  publications  or  proceedings 
of  any  other  peace  society  in  America  prior  to  the 
organization  of  the  American  Peace  Society. 

6.  The  American  Peace  Society  was  organized 
at  a meeting  commenced  on  the  8th  of  May,  1828, 
in  the  city  of  New  York.  The  following  is  an  extract 
from  the  circular  letter  accepted  at  that  time  by  the 
Society,  which  shows  that  a Congress  of  Nations  was 
a prominent  object  with  the  founders  of  it.  “We 
hope  to  increase  and  promote  the  practice  already 
begun,  of  submitting  national  differences  to  amicable 
discussion  and  arbitration,  and  finally  of  settling  all 
national  controversies  by  an  appeal  to  reason,  as 
becomes  rational  creatures,  and  not  by  physical  force. 


79 


CONGRESS  OF  NATIONS. 


587 


as  is  worthy  only  of  brute  beasts,  and  this  shall  be 
done  by  a Congress  of  Christian  JYations,  whose 
decrees  shall  be  enforced  by  public  opinion,  that  rules 
the  world ; not  by  public  opinion  as  it  now  is,  but  by 
public  opinion  when  it  shall  be  enlightened  by  the 
rays  of  the  gospel  of  peace.”  * It  is  very  evident, 
that  the  notions  of  the  founders  of  the  American 
Peace  Society  were  on  this  subject  very  crude  and 
undigested,  when  they  sanctioned  and  published  this 
circular  letter.  It  has  been  by  constantly  thinking, 
writing  and  speaking,  on  this  subject,  for  eleven  years, 
that  their  ideas  have  got  to  be  more  mature ; and  they 
now  see  that  a distinction  ought  to  be  made  between 
a congress  of  ambassadors,  for  the  purpose  of  settling 
the  disputed  points  of  the  law  of  nations,  and  a court 
of  judges,  to  decide  cases  submitted  to  them  by  the 
mutual  consent  of  the  parties  concerned,  — in  other 
words,  a distinction  between  the  legislative  and  the 
judicial  power. 

7.  At  their  next  anniversary,  the  American  Peace 
Society  offered  a premium  of  thirty  dollars,  for  the 
best  dissertation  on  a Congress  of  Nations.  Only 
four  or  five  dissertations  were  handed  in,  and  all  of 
them  of  a very  ordinary  character.  One  of  them, 
however,  which  was  thought  rather  superior  to  the 
others,  with  the  consent  of  the  author,  was  published  in 
a double  number  of  the  Harbinger  of  Peace  for  January 
and  February,  1831,  and  is  believed  to  be  the  first  dis- 
sertation on  a Congress  of  Nations  ever  published  in 


* Harbinger  of  Peace,  Vol.  I,  p.  10. 


588 


CONGRESS  OF  NATIONS. 


80 


America.  I have  made  copious  extracts  from  it,  in 
writing  this  Essay.  Subsequently  the  Society  offered 
filty  dollars  for  the  best  dissertation  on  the  subject, 
but  with  no  better  success.  The  premium  was  too 
small;  but  the  funds  of  the  Society  did  not  allow 
them  to  increase  it.  The  subject  was  afterwards 
taken  up  by  two  gentlemen  of  New  York,  as  is 
related  in  the  preface  to  the  volume  of  Prize  Essays 
on  a Congress  of  Nations ; to  which  I refer  the 
reader. 

8.  At  the  annual  meeting  of  the  American  Peace 
Society,  held  at  New  York,  May  11,  1830,  there  was 
laid  before  the  Society  a letter  from  J.  P.  Blanchard, 
Esq.,  Corresponding  Secretary  of  the  Massachusetts 
Peace  Society,  enclosing  an  abbreviated  copy  of  a 
letter  to  him,  from  a gentleman  of  Boston,  not  a 
member  of  any  peace  society,  which  abbreviation  Mr. 
Blanchard  was  directed  by  the  Massachusetts  Peace 
Society,  to  transmit  to  the  American  Peace  Society. 
In  this  letter,  the  gentleman  informs  the  Massachusetts 
Peace  Society,  through  their  secretary,  that  he  had 
penned  an  instrument,  and  offered  it  for  signatures, 
not  to  the  members  of  the  peace  societies, — who 
might  have  been  supposed  to  have  already  expressed 
an  opinion  on  the  subject, — but  to  those  who  had  no 
connection  with  them.  The  following  is  a copy  of  the 
instrument:  “ We  the  undersigned, convinced  of  the 
great  advantages  and  blessings  which  an  abolition  of 
loar,  and  the  reference  of  all  international  disputes  to 
a Court  of  JYations,  would  confer  on  mankind,  heartily 
concur  in  recommending  a suitable  reference  of  this 


81 


CONGRESS  OF  NATIONS. 


589 


subject,  by  the  peace  societies,  to  the  attention  of 
Congress,  as  soon  as  such  a reference  shall  be  found 
practicable  and  convenient.”  Nine  out  of  ten,  to 
whom  this  instrument  was  presented,  signed  it  without 
hesitation,  and  those  who  declined  signing,  generally 
expressed  their  approbation  of  it. 

9.  The  American  Peace  Society,  at  the  abovemen- 
tioned  annual  meeting,  approved  of  these  measures, 
and  directed  the  correspondence  to  be  published  in 
the  Harbinger  of  Peace,  which  was  done.*  They 
entered  warmly  into  the  measure,  and  struck  off  a 
circular  containing  the  proposal,  which  was  widely 
circulated  among  the  most  intelligent  and  influential 
characters  in  New  England,  and  it  was  found  that 
almost  every  one  to  whom  the  instrument  was  pre- 
sented signed  it,  amounting,  in  all,  to  several  thousands 
of  names,  besides  some,  which  from  inadvertence  or 
accident,  were  never  returned.  Considerable  time, 
however,  elapsed  before  the  friends  of  peace  thought 
themselves  authorized  to  solicit  the  aid  of  legislative 
action  — for  when  an  enterprise  of  this  kind  has  to 
be  carried  on  by  a few  individuals,  who  are  viewed 
by  the  bulk  of  the  community  as  good-natured  enthu- 
siasts, who  are  seeking  a great  and  good,  but  unat- 
tainable object,  and  where  the  ill  health  of  one  of 
them  causes  serious  embarrassment,  things  move 
slowly.  A small  obstacle  impedes  the  ascending 
wheel.  It  was  not  until  the  year  1835,  that  the  sub- 
ject was  brought  before  the  Legislature  of  the  State 


* Harbinger  of  Peace,  Vol.  Ill,  p.  131,  and  seq. 


590 


CONGRESS  OF  NATIONS. 


82 


of  Massachusetts — a State,  of  which  it  is  no  dispar- 
agement to  any  other  in  the  Union  to  say,  goes  before 
all  the  rest  in  every  good  work.  February  6,  of  this 
year,  a petition,*  praying  for  an  expression  of  opinion 
on  the  subject  of  a Congress  of  Nations,  signed  only 
by  Thomas  Thompson,  Jr.,  and  William  Ladd,  was 
presented  by  the  Hon.  Sidney  Willard  to  the  Senate, 
who  took  the  same  into  consideration,  and  referred 
it  to  a special  committee  of  three,  who  made  a very 
able  report,t  favorable  to  the  prayer  of  the  petitioners, 
accompanied  with  the  following  resolutions : 

“ Resolved,  That  in  the  opinion  of  this  Legislature, 
some  mode  should  be  established  for  the  amicable  and 
final  adjustment  of  all  international  disputes,  instead 
of  resort  to  war.” 

‘■'■Resolved,  That  the  Governor  of  this  Common- 
wealth be  requested  to  communicate  a copy  of  the 
above  report  and  of  the  resolutions  annexed,  to  the 
Executive  of  each  of  the  States,  to  be  laid  before  the 
Legislature  thereof,  inviting  a cooperation  for  the 
advancement  of  the  object  in  view.” 

This  report,  with  the  resolutions  appended,  was 
adopted  by  the  Senate  by  a majority  of  19  to  5,  only  a 
very  little  having  been  said  against  it,  by  a gentleman, 
who,  needlessly,  acknowledged  that  he  had  never 
examined  the  subject.  Before  this  report  was  made 
and  adopted  by  the  Senate,  it  had  got  to  be  too  late 
in  the  session  to  carry  the  subject  before  the  House, 
and  nothing  more  was  done  on  it,  in  the  Legislature 


Appendix,  No.  2. 


t Appendix,  No.  3. 


83 


CONGRESS  OF  NATIONS. 


591 


of  Massachusetts,  this  year.  The  next  year,  Mr. 
Thompson,  on  whose  perseverance  and  diligence  the 
cause  depended  in  a great  measure  for  success  with 
the  Legislature  of  Massachusetts,  was  confined  to 
his  house  by  sickness. 

10.  In  1837,  a petition  was  presented  to  the  Legis- 
lature of  Massachusetts,  signed  only  by  Mr.  Thomp- 
son,* and  another,  signed  by  the  President  and  the 
Executive  Committee  of  the  Massachusetts  Peace 
Society.!  These  petitions  were  referred  to  a joint 
committee  of  the  Senate  and  House  of  Representa- 
tives, which  committee  made  a very  lengthy  and  able 
report,!  to  which  resolutions  were  appended  some- 
thing similar  to  those  appended  to  the  preceding 
report,  but  in  addition  calling  the  attention  of  the 
Executive  of  the  United  States  to  the  subject,  and 
recommending  “a  negotiation  with  such  other  govern- 
ments, as  in  its  wisdom  it  may  deem  proper,  with  a 
view  to  effect  so  important  an  arrangement.”  This 
report,  with  the  resolves  appended,  was  adopted  by  the 
Senate  by  a majority  of  35  to  5,  and  by  the  House, 
without  a dissenting  vote.  The  subject  was  subse- 
quently laid  before  the  Legislatures  of  Maine  and 
Vermont,  but  on  account  of  its  not  being  so  well 
understood  in  those  States  as  in  Massachusetts,  it  has 
been  deferred ; but  it  came  very  near  being  favorably 
received  by  the  Legislature  of  Vermont,  where  it  was 
lost  by  its  opponents  calling  party  spirit,  that  bane  of 
all  good,  to  their  aid. 


Appendix,  No.  4.  f Appendix,  No.  5.  J Appendix,  No.  6. 


592 


CONGRESS  OF  NATIONS. 


84 


1 1 . The  American  Peace  Society  was  only  waiting 
for  the  sanction  of  the  Legislature  of  Massachusetts, 
to  carry  the  subject  before  the  Congress  of  the  United 
States.  They  were,  however,  anticipated  by  the 
New  York  Peace  Society,  that  had  prepared  and  sent 
on  a very  able  petition*  to  Congress.  Instead  of 
getting  up  a new  and  separate  petition,  the  American 
Peace  Society  heartily  cooperated  with  their  brethren 
of  other  societies,  and  the  friends  of  peace  in  general, 
in  forwarding  copies  of  the  same  petition.  There 
were  presented  to  the  House  of  Representatives,  six 
petitions  of  members  of  the  New  York  Peace  Society 
and  others,  sent  by  Origen  Bachelor,  signed  by  608 
persons ; one  from  the  American  Peace  Society  and 
others,  signed  by  William  Ladd  and  539  legal  voters 
in  the  State  of  Maine,  and  generally  men  of  the  first 
respectability;  one  from  Thomas  Hough,  and  143 
other  members  of  the  Vermont  Peace  Society ; one 
from  Thomas  Thompson,  Jr.,  and  135  members  of 
the  Legislature  of  Massachusetts;  in  all,  1427  names 
besides  those  sent  to  the  Senate,  and  one  signed  by 
most  of  the  gentlemen  of  the  bar  in  Augusta,  Hal- 
lowell,  and  Gardiner,  in  Maine,  and  probably  others, 
of  which  I have  no  information.  In  general,  more 
attention  was  paid  to  the  respectability,  than  to  the 
number,  of  subscribers. 

12.  On  the  reception  of  these  petitions  by  the 
House  of  Representatives,  Mr.  Adams,  in  a letter  to 
the  author,  remarks,  “ On  the  22d  of  March  last,  I 


* Appendix,  No.  7. 


85 


CONGRESS  OF  NATIONS. 


593 


received  your  memorial  signed  by  539  legal  voters  of 
the  State  of  Maine,  and  on  the  23d  presented  it  to 
the  House,  together  with  that  of  Thomas  Thompson, 
Jr.,  and  134  members  of  the  Legislature  of  Massa- 
chusetts, then  in  session.  A memorial  of  the  same 
purport  had  been  previously  presented  by  me,  signed 
by  Origen  Bachelor,  and  425  members  of  the  New 
York  Peace  Society,  and  others.  At  certain  periods 
of  the  session,  I had  presented  three  other  petitions 
of  similar  character,  and  Mr.  Evans  of  Maine,  and 
my  colleague,  Mr.  Cushing,  had  presented  others.  I 
moved  the  reference  of  the  first  to  a select  committee. 
The  Chairman  of  the  Committee  of  Foreign  Affairs 
manifested  a strong  inclination  to  have  it  laid  on  the 
table.  He  denied  that  any  proposition  for  an  arbitra- 
tion of  differences  had  been  made  by  the  Mexican 
government,  but  was  afterwards  obliged  to  acknowl- 
edge, in  this  respect,  his  mistake.  But  he  moved  the 
reference  of  the  petition  to  his  own  committee,  and 
it  was  so  referred.  The  subsequent  petitions  on  the 
same  subject,  including  yours,  were  all  referred  to  the 
same  committee.  They  were  viewed  by  the  majority 
of  the  House  with  great  jealousy,  as  abolition  petitions, 
or  petitions  against  the  annexation  of  Texas,  in 
disguise.”*  The  petition  was  also  presented  and 


* The  following  are  extracts  from  a letter  from  ex-president  Adams 
to  the  Corresponding  Secretary  of  the  New  York  Peace  Society: 

“ Your  petition  first  brought  to  the  notice  of  the  whole  government 
of  these  United  States  the  fact,  that  the  Mexican  Congress  had,  by  a 
solemn  decree  of  the  20th  of  May,  1837,  authorized  their  Executive  to 
agree  with  our  government  to  refer  the  differences  between  the  two 
75 


594 


CONGRESS  OF  NATIONS. 


86 


advocated  in  the  Senate  by  Mr.  Clay,  and  ordered  to 
be  printed,  but  there  was  not  sufficient  time  to  act  on 
it,  as  the  session  was  near  its  close,  and  probably  the 
Senate  waited  for  the  action  of  the  House,  in  which 
body  the  petitions  were  referred  to  the  Committee  of 
Foreign  Affairs,  according  to  the  request  of  its 
chairman. 

13.  The  report*  of  the  Committee  of  Foreign 
Affairs  shows  how  little  our  popular  men  understand 
the  subject.  They  will  understand  it  better,  when  it 
becomes  more  popular.  When  we  consider  the 
treatment  which  the  first  motion  for  the  abolition  of 


countries  to  an  arbitrator.  It  appeared  at  first,  tliat  neither  the  Presi- 
dent of  the  United  States,  nor  tlieir  Secretary  of  State,  nor  their 
Chairman  of  the  Committee  of  Foreign  Relations  of  their  House  of 
Representatives,  knew  the  existence  of  the  Mexican  decree.  It  was 
to  your  petitions  that  Congress  were  indebted  for  the  knowledge  that 
the  Mexican  decree  existed. 

“ The  proposal  of  a reference  to  arbitration  was  itself  so  reasonable, 
tliat  no  voice  was  heard  in  Congress  against  it.  The  denial  of  its 
existence  produced  an  immediate  formal  communication  of  it  to  the 
Executive  Administration  of  the  United  States ; and  very  soon  after- 
wards, it  was  conditionally  accepted.  This  removed  all  immediate 
danger  of  a war  with  Mexico ; and  if  the  petitioners  of  the  peace 
societies  had  never  rendered  to  their  country  any  other  service,  they 
would  have  deserved  the  thanks  of  the  whole  nation  for  this. 

“ The  other  proposals  of  your  petition,  urging  upon  the  Congress  and 
government  of  tlie  United  States  a course  of  policy  looking  to  the 
promotion  of  universal  peace,  and  for  that  purpose  to  the  formation  and 
establishment  of  a Congress  of  Nations,  have  been  duly  considered  by 
the  Committee  of  Foreign  Relations,  and  they  have  submitted  to  the 
House  a report,  ten  thousand  copies  of  which  have  been  ordered  to  be 
printed.  The  close  of  the  present  session  of  Congress  is  so  near,  that 
there  will  not  probably  be  time  for  a discussion  in  the  House  on  its 
principles.” 

* Appendix,  No.  8. 


87  CONGRESS  OF  NATIONS.  595 

the  slave  trade  met  with  in  the  British  ParUament  in 
1776 — that  there  was  not  one  member  who  had 
moral  courage  enough  to  second  the  motion,  and  that 
the  same  body  afterward,  not  only  abolished  the 
slave  trade,  but  slavery,  also,  in  the  British  West 
Indies,  we  have  great  reason  to  hope  for  results 
equally  favorable. 

14.  Not  at  all  discouraged  by  a result  which  they 
had  expected,  the  American  Peace  Society  forwarded 
another  petition*  to  the  Congress  of  1838-9,  in 
which  they  refute  the  reasoning  of  the  Committee  of 
Foreign  Affairs.  The  New  York  Peace  Society  also 
sent  another  petition  for  a like  purpose,  f The  presi- 
dent of  the  American  Peace  Society  also  took  a 
journey  to  Washington  to  attend  to  the  furtherance  of 
this  business,  and  had  a special  interview  with  the 
President  of  the  United  States,  and  conversed  with 
some  of  the  leading  members  of  Congress,  from  all  of 
whom  he  gathered,  what  indeed  he  knew  before, 
that  if  the  rulers  in  representative  governments  are 
to  be  induced  to  adopt  any  new  measure  of  public 
utility,  it  must  be  through  their  constituents.  In  such 
purposes  application  must  always  be  made  chiefly  to 
those  in  whom  the  sovereignty  is  established,  — to 
monarchs  in  monarchical  governments,  to  the  people 
in  popular  governments,  and  to  both  in  mixed  gov- 
ernments. The  chief  use  of  such  petitions  in  popular 
governments  is,  to  bring  the  subject  before  the  people 
by  means  of  their  representatives.  President  Van 


Appendix,  No.  9. 


f Appendix,  No.  10. 


596 


CONGRESS  OF  NATIONS. 


88 


Buren  said  he  had  noticed  the  report  of  the  com- 
mittee of  the  Legislature  of  Massachusetts,  which  had 
been  sent  to  him,  and  had  read  a part  of  it,  but  had 
not  yet  communicated  it  to  Congress.  Before  either 
the  President  or  the  Congress  of  these  United  States 
will  act  on  this  subject,  the  sovereign  people  must 
act,  and  before  they  will  act,  they  must  be  acted  on 
by  the  friends  of  peace ; and  the  subject  must  be 
laid  before  the  people,  in  all  parts  of  our  country,  as 
much  as  it  has  been  in  Massachusetts,  where  there 
has,  probably,  been  as  much  said  and  done,  on  the 
subject,  as  in  all  the  other  twenty-five  states  of  the 
Union.  When  the  whole  country  shall  understand 
the  subject  as  well  as  the  State  of  Massachusetts,  the 
Congress  of  the  United  States  will  be  as  favorable  to 
a Congress  of  Nations  as  the  General  Court  of  Mas- 
sachusetts; and  when  the  American  government 
shall  take  up  the  subject  in  earnest,  it  will  begin  to  be 
studied  and  understood  by  the  enlightened  nations  of 
Europe.  As  the  session  of  1838-9  was  what  is 
generally  called  the  short  session,  closing  on  the  4th 
of  March,  no  report  was  made  on  these  petitions, 
which,  as  usual,  had  been  committed  to  the  Com- 
mittee on  Foreign  Affairs.  Uncertain  what  would  be 
the  fate  of  these  petitions,  the  American  Peace 
Society  thought  best  to  forward  another  short 
petition.*  Since  that  petition  was  sent  on,  we  have 
learned,  through  the  medium  of  the  public  journals, 
that  the  petitions  not  acted  on  during  the  session  of 


Appendix,  No.  11. 


89  CONGRESS  OF  NATIONS.  597 

1838-9  are  continued  in  the  same  committees  to 
whom  they  were  referred,  to  be  acted  on  this  year 
[1839-40].  Beside  these  petitions,  shorter  ones, 
signed  by  many  persons,  have  also  been  sent  on 
much  more  numerously  this  year  than  ever  before.  * 
Very  able  petitions  have  also  been  penned  by  private 
individuals,  and  signed  by  almost  all  the  citizens  of 
the  neighboring  community. 

15.  The  attention  paid  to  the  subject  in  Great 
Britain,  and  the  petition  to  parliament,  we  have 
noticed  before.f  It  has  also  received  some  attention 
on  the  continent  of  Europe,  particularly  in  Switzer- 
land. The  late  Count  de  Sellon,  member  of  the 
Sovereign  Council  of  Geneva,  the  founder  and  presi- 
dent of  the  peace  society  of  that  canton,  offered  a 
prize  of  400  francs  for  the  best  dissertation  on  this 
subject,  in  the  year  1830,  and  had  some  correspon- 
dence with  the  rulers  of  Europe  on  the  general 
subject  of  peace,  which  was  politely  and  favorably 
answered  ; but  so  extremely  difficult  is  the  communi- 
cation between  this  country  and  Switzerland,  that  we 
are  much  in  the  dark  concerning  his  movements. 
The  time  will  come,  when  a Congress  of  Nations  will 
establish  an  international  post-office  for  the  whole 
civilized  world.  Then  all  the  great  moral  enterprises 
will  move  on  with  an  accelerated  velocity. 


* For  a sample  of  these  petitions,  see  Appendix,  No.  12. 
t Appendix,  No.  13. 


598 


CONGRESS  OF  NATIONS. 


90 


CHAPTER  X. 

ON  THE  OBJECTIONS  WHICH  MAY  BE  RAISED  AGAINST  A CONGRESS 
AND  COURT  or  NATIONS. 

1.  Objections  expected — 2.  Concentration  of  power— 3.  No  power  to 
enforce  the  decrees  of  the  Court — 4.  Danger  to  governments — 5. 
Danger  to  republics — 6.  The  present  mode  of  umpirage  sufficient — 
7.  Expense — 8.  The  same  objections  lie  against  all  national  arbitra- 
tion. 

1.  It  is  but  reasonable  to  expect  objections  against 
our  plan.  The  greater  part  of  the  world  are  opposed 
to  innovations,  and  consider  “ an  old  error  better  than 
a new  truth.”  It  is  much  easier  to  remain  in  error 
than  to  attempt  improvement.  It  requires  no  effort 
to  keep  still,  but  it  does  to  advance.  Hence  the 
progress  of  moral  reformation  is  always  slow.  Man- 
kind are  apt  to  cry  like  the  slothful  man  in  the 
proverb,  “There  is  a lion  in  the  way.”  But  we 
should  not  be  discouraged  for  all  this,  for  we  know 
that  many  things  have  been  accomplished  which  were 
once  thought  as  impracticable  as  the  plan  which  we 
propose ; but  we  should  patiently  continue  to  remove 
objections  as  fast  as  they  are  brought  up.  It  is  prob- 
able that  similar  objections  were  started  when  it  was 
first  proposed  that  the  trial  by  jury  should  take  the 
place  of  the  ordeal  of  battle,  as  this  had  taken  the 
place  of  private  revenge,  assassination,  and  murder. 
The  plan,  which  we  propose  in  a Congress  of  Nations, 


91 


CONGRESS  OF  NATIONS. 


599 


is  a similar  advance  on  the  manners  of  the  age,  that 
the  trial  by  fair  battle,  regulated  by  well-known  and 
acknowledged  laws,  was  on  the  private  revenge  of  the 
time  of  Alfred  the  great ; and  the  Court  of  Nations 
substitutes  an  appeal  to  reason  for  the  trial  by  battle, 
or  an  appeal  to  brute  force,  as  the  trial  by  jury  suc- 
ceeded the  ordeal  of  battle. 

2.  The  first  objection,  raised  by  those  who  have 
never  looked  into  the  subject  — which  class,  unfortu- 
nately, comprises  the  bulk  of  community  — is,  that 
we  are  for  concentrating  too  much  poicer  in  the  hands 
of  a few  men,  and  they  fancy  great  fleets  and  armies, 
as  was  proposed  in  the  Great  Scheme  of  Henry  IV. 
It  is  a sufficient  answer  to  this  objection,  that  phys- 
ical power  to  enforce  the  laws  of  our  Congress,  or 
the  decrees  of  our  Court,  forms  no  part  of  our  plan. 

3.  The  next  objection  which  we  shall  consider  is 
of  quite  the  contrary  character.  It  is  objected,  that 
ice  have  made  no  provision  for  enfoi'cing  the  laws  of 
our  Congress  and  the  decrees  of  our  Court  by  physical 
power,  fleets  and  armies ; and  that,  therefore,  such 
laws  and  judgments  would  prove  entirely  abortive. 
This  objection  is  somewhat  specious  and  requires 
consideration.  If  it  be  valid,  why  have  so  many  wise 
and  able  writers  taken  great  pains  to  compose  trea- 
tises on  the  Law  of  Nations.  None  of  these  writers 
possessed  the  physical  power  to  carry  their  laws  into 
effect;  yet  their  opinions  have  always  had  great 
weight,  and  they  have  been  considered  benefactors 
to  mankind.  Now,  should  a great  number  of  able 
civilians  convene  for  the  purpose  of  discussing  the 


600 


CONGRESS  OF  NATIONS. 


92 


various  points  of  international  law,  is  it  not  likely, 
that  they  would  much  better  express  what  is  the 
general  will  of  mankind  than  isolated  individuals  shut 
up  in  their  studies  1 “ Law  is  the  expression  of  the 

general  will,”  and  nothing  else,  whether  it  be  national 
or  international.  There  is  one  great  advantage  which 
would  attend  a Congress  of  Nations,  which  is,  that 
on  such  points  as  are  difficult  to  settle  by  abstract 
reasoning,  the  representatives  of  nations  could  agree 
in  the  spirit  of  compromise.  The  same  objection 
would  lie  against  a weak  power  ever  making  a treaty 
with  a strong  one.  All  these  laws  would  be  but  a 
treaty,  by  which  the  nations  represented  would  bind 
themselves  to  observe  certain  principles,  in  their 
future  intercourse  with  one  another,  both  in  peace  and 
in  war.  The  same  objection  would  lie  against  leav- 
ing amj  dispute  to  arbitrators  ; for  no  person  expects 
that  the  umpire  will  enforce  his  award  by  military 
power.  I believe  that,  even  now,  public  opinion  is 
amply  sufficient  to  enforce  all  the  decisions  of  a Court 
of  Nations,  and  the  “ schoolmaster  is  abroad,”  and 
public  opinion  is  daily  obtaining  more  power.  If  an 
Alexander,  a Caesar,  a Napoleon,  have  bowed  down 
to  public  opinion,  what  may  we  not  expect  of  better 
men,  when  public  opinion  becomes  more  enlightened  1 
The  pe7i  is  soon  to  take  the  place  of  the  sivord,  and 
reason  is  soon  to  be  substituted  for  brute  force,  in 
settling  all  international  controversies.  Already  there 
is  no  civilized  nation  that  can  withstand  the  frown  of 
public  opinion.  It  is  therefore  necessary,  only  to 
enlighten  public  opinion  still  farther,  to  insure  the 


93  CONGRESS  OF  NATIONS.  601 

success  of  our  plan.  In  civilized  countries  there  is 
not  probably  one  tenth  part  of  the  people  who  obey  the 
laws  from  fear  of  the  sword  of  the  magistrate.  Nine 
persons  out  of  ten  fear  disgrace  more  than  they  do 
any  other  punishment ; and  men  often  inflict  capital 
punishment  on  themselves,  in  order  to  escape  from 
the  frown  of  public  opinion,  which  they  fear  more 
than  death.  It  is  true  that,  heretofore,  public  opinion 
has  not  had  so  much  influence  on  nations  as  on 
individuals ; but,  as  intercourse  between  nations  in- 
creases, the  power  of  public  opinion  will  increase. 
Nations  make  war  as  individuals  fight  duels,  from  fear 
of  disgrace,  more  than  from  any  other  cause.  If  it 
were  disgraceful  to  go  to  war  when  there  is  a regular 
way  of  obtaining  satisfaction  without,  wars  would  be 
as  rare  as  duels  in  New  England,  where  they  are 
disgraceful. 

4.  Another  objection  is,  that  a Congress  of  JVations 
loould  be  dangerous  to  existing  forms  of  government, 
particularly  to  the  republican  form.  This  objection 
has  been  urged  with  considerable  plausibility  in  this 
country  ; but  on  examination  into  our  plan,  it  vanishes 
of  itself.  The  Congress  of  Nations  is  not  to  concern 
itself  with  internal  affairs  of  nations,  but  only  with 
international  affairs,  and  could  have  nothing  to  do 
with  forms  of  government.  Besides,  no  member  of 
the  confederation  is  bound  by  any  law  which  it  has 
not  ratified ; and  as  each  law  is  of  the  nature  of  an 
article  of  a treaty,  if  supposed  to  be  dangerous  to 
free  institutions,  the  delegates  from  free  governments 
would  not  vote  for  it,  and  no  law  can  be  enacted  by  the 


76 


602 


CONGRESS  OF  NATIONS. 


94 


Congress  of  Nations  without  an  unanimous  vote ; and 
even  if  it  were  passed,  if  it  were  not  ratified  by  all  the 
nations  of  the  confederacy,  it  would  be  null  and  void, 
like  an  article  of  an  unratified  treaty.  And,  again,  as 
the  Congress  of  Nations  is  not  trusted  with  any 
physical  force,  as  has  been  the  case  with  many  of  the 
confederacies  which  we  have  examined,  and  was  to 
have  been  the  case  in  the  Great  Scheme  of  Henry 
IV,  there  could  be  no  danger  of  a nation  being  com- 
pelled to  change  its  form  of  government.  And  yet, 
again,  the  same  argument  would  be  equally  conclu- 
sive against  any  treaty  between  a republic  and  a 
monarchy. 

5.  But  still  the  objector  urges  that,  as  the  decrees 
of  the  Court  of  JYations  are  passed  by  a majority  of  the 
judges,  as  in  the  Supreme  Court  of  the  United  States,  and 
not  by  unanimous  consent,  as  in  the  Congress  of  JYations, 
republics  would  not  stand  so  good  a chance  of  obtain- 
ing justice  as  tnonarchies,  which  would  be  more  nu- 
merously represented  in  the  Court  of  Nations,  and  the 
judges  representing  them  might  be  influenced  by  their 
prejudices  against  republics.  To  this  we  answer,  that 
it  is  not  certain  that  monarchies  would  be  more  numer- 
ously represented  than  republics  and  limited  monarch- 
ies ; that  the  United  States,  a republican  government, 
has  been  willing  to  leave  its  disputes  with  the  crowned 
heads  of  Europe,  to  other  crowned  heads,  without 
the  fear  of  partiality,  and  have  not  suffered  by  it. 
The  same  objection  might,  with  equal  plausibility,  be 
urged  against  a trial  by  jury,  in  which  the  cause  of  a 
catholic  may  be  tried  by  a jury  of  which  a majority 


95 


CONGRESS  OF  NATIONS. 


603 


are  protestants,  or  a person  of  one  political  party  by 
a jury  of  which  a majority  are  of  the  opposite  party. 
We  do  not  pretend  that  our  system  is  perfect,  for 
there  is  nothing  perfect  on  earth.  All  that  we 
contend  for  is,  that  this  peaceful  mode  of  settling 
international  controversies  is  better  than  war,  and 
more  likely  to  give  a righteous  verdict  without  the 
innumerable  evils  of  war. 

6.  It  has  been  objected,  that  we  have  note  many 
precedents  of  submitting  national  difficulties  to  um- 
pires agreed  on  by  both  parties,  and  we  ivant  nothing 
more.  It  is  true,  such  references  of  international 
difficulties  have  often  taken  place  of  late,  and  we  hail 
them  as  auspicious  tokens  that  our  plan  will  finally 
succeed ; for  they  are  very  evident  approximations  to 
it.  But  the  advantages  of  a Court  of  Nations  over 
individual  umpirage  must  be  very  evident,  from  the 
following  considerations : 1st.  An  umpire  has  now  no 
law  of  nations  by  which  to  regulate  his  decisions.  It 
is  granted  that  there  have  been  many  able  writers  on 
the  law  of  nations ; but  their  laws  are  sanctioned  by 
no  authority,  and  they  do  not  agree  among  them- 
selves. The  decisions  of  individual  umpires  would 
be  formed  by  no  rule  of  generally  acknowledged  law ; 
and  would  often  be  different  under  similar  circum- 
stances ; which  would  not  only  detract  from  their 
moral  power,  but  would  prevent  the  formation  of  a 
body  of  international  common  law,  to  be  a guide  to 
future  decisions.  2d.  A single  umpire,  especially  a 
crowned  head,  having  political  and  commercial  re- 
lations to  all  the  rest  of  the  world,  cannot  be  expected 


604 


CONGRESS  OF  NATIONS. 


96 


to  be  so  impartial  as  a bench  of  eminent  jurists, 
selected  from  the  most  renowned  in  their  own  coun- 
try for  their  talents,  integrity  and  experience,  and 
translated  from  the  highest  judicial  stations  in  their 
own  nation  to  fill  the  highest  judicial  station  in  • the 
world ; especially  as  they  know  that  their  judgments 
will  be  rejudged  by  all  mankind,  and  to  the  latest 
posterity.  With  such  men,  the  desire  of  a reputation 
for  being  great  jurists  has  been  their  ruling  passion 
through  life  — their  ultimate  object ; and  a stronger 
motive  could  not  be  laid  before  them.  They  may 
err  in  judgment,  for  “to  err  is  human,”  but  they 
would  not  be  so  likely  to  err  as  a single  umpire,  and 
bribing  would  be  out  of  the  question ; and  if  one  could 
possibly  be  bribed,  the  majority  of  them  could  not. 
3d.  Such  men  are  not  only  more  able  than  men  in 
general  to  detect  the  sophisms  and  false  reasoning  of 
the  pleaders  of  either  party  to  an  international  dispute, 
but  they  are  more  able  to  make  the  case  plain  to  all 
the  world.  It  is  of  little  importance  for  a judge  to  be 
able  to  perceive  the  truth,  if  he  is  not  able  to  make 
the  truth  appear  plain  to  the  jury,  not  only  as  to 
matters  of  fact,  but  also  as  to  matters  of  argument. 
No  one  who  has  been  in  the  habit  of  attending 
common  courts  of  law  is  unconscious  of  something 
like  this,  in  his  own  mind.  One  barrister  gets  up  and 
pleads  the  cause  of  his  client;  and  the  unpractised 
juryman  thinks  that  the  truth  is  undoubtedly  with 
him.  The  counsel  for  the  opposite  party  pleads,  and 
then  the  juryman  reverses  his  decision,  or  hangs  in 
doubt.  But  the  judge  takes  up  the  case,  strips  the 


97 


CONGRESS  OF  NATIONS. 


605 


falsehood  from  the  truth,  and  exposes  the  sophistry  of 
the  pleaders;  and  then  the  jury  unanimously  agree 
upon  a verdict.  4th.  Experience  shows  how  much 
nations  prefer  a numerous  body  of  umpires  to  a single 
one.  Within  the  last  two  hundred  years  there  have 
been  fifty  congresses  for  the  settlement  of  international 
difficulties,  though  there  have  not  been  ten  cases  of 
individual  umpirage  in  the  same  time.  Had  there 
been  a Court  of  Nations,  the  French  government 
would,  probably,  have  submitted  its  disputes  with 
Mexico,  Buenos  Ayres,  and,  perhaps,  with  queen 
Pomare,  also,  to  it,  instead  of  deciding  them  by  the 
mouth  of  the  cannon ; for,  in  answer  to  the  offer  of 
England  to  mediate  between  France  and  Mexico, 
the  French  government,  through  its  official  organ,  the 
Journal  des  Debats,  replied:  “No  foreign  tribunal  is 
sufficiently  elevated  to  impose  its  jurisdiction  ” in  the 
premises.  These  remarks  were  considered  by  the 
court  of  London  as  coming  from  an  official  source, 
and  they  contain  a precious  confession,  on  the  part  of 
France,  that  there  is  great  need  of  such  a tribunal  as 
the  Court  of  Nations,  which  would  be  “sufficiently 
elevated  ” to  judge  this  and  similar  cases. 

7.  Some  may  be  disposed  to  object  to  our  plan,  on 
account  of  its  expense.  This  would  be  light  indeed 
when  compared  with  the  cost  of  war.  It  would  not 
cost  a nation  so  much  as  the  maintenance  of  a single 
gun-boat,  nor  all  Christendom  so  much  as  the  support 
of  a single  frigate  in  active  service ; while  it  would 
save  thousands  of  millions,  pay  off  the  national  debts 


606 


CONGRESS  OF  NATIONS. 


98 


of  all  countries,  reduce  the  taxes  seven-eighths,  and 
leave  a large  fund  for  internal  improvements,  educa- 
tion, and  every  useful  work. 

8.  We  may,  therefore,  safely  conclude,  that  no 
objection  can  be  brought  against  our  plan  of  a Con- 
gress and  Court  of  Nations,  which  is  not  equally  valid 
against  all  legislative  and  judicial  bodies ; that  the 
system  is  safe  for  all  forms  of  government ; that  its 
expense  is  not  worth  naming  ; and  that  it  is  altogether 
preferable  to  individual  umpirage,  as  it  concentrates 
the  public  opinion  of  the  whole  civilized  world,  and 
would  be  able  to  enforce  its  decrees  and  decisions  by 
moral  power  alone. 


99 


CONGRESS  OF  NATIONS. 


607 


CHAPTER  XI. 

THE  REASONS  WHICH  WE  HAVE  TO  HOPE  THAT  A CONGRESS  AND 
COURT  OF  NATIONS  MAY  BE,  BEFORE  LONG,  ESTABLISHED. 


1.  Every  thing  which  ought  to  be  done  can  be  done — 2.  Great  changes 
have  taken  place — 3.  Individual  vengeance  of  former  times — 
4.  Origin  and  progress  of  society — 5.  Change  of  opinion  in  religious 
persecution — 6.  On  piracy — 7.  On  war — 8.  Amelioration  of  the 
evils  of  war — 9.  Religious  wars  no  longer  tolerated — 10.  Opinion  on 
the  slave  trade  changed — 1 1.  Also  on  the  use  of  alcohol — 12.  Im- 
provements in  civil  society — 13.  Increased  power  of  public  opinion — 
14.  Increased  intercourse  of  nations — 15.  Missionary  enterprise — 
16.  Disposition  to  arbitrate  international  difficulties — 17,  Improve- 
ment in  the  arts  of  destruction — 18.  The  ascending  side  of  justice — 
19.  Favorable  principle  in  human  nature — 20.  Prophecy. 


1.  It  is  an  incontrovertible  axiom,  that  every  thing 
of  a moral  nature  which  ought  to  be  done,  can  be 
done.  There  is  no  object  favorable  to  the  hap- 
piness of  mankind,  and  founded  on  the  immutable 
principles  of  truth,  which  zeal,  intelligence  and  perse- 
verance, with  self-sacrifice,  will  not  finally  accomplish. 
I do  not  say  that  so  great  an  enterprise,  as  a Congress 
of  Nations,  can  be  accomplished  in  a day.  It  will 
probably  be  of  slow  growth,  like  the  trial  by  jury,  and 
by  slow  degrees  it  will  ultimately  arrive  at  the  same 
approximation  to  perfection,  which  that  has  arrived  at. 
There  is  the  greater  need,  therefore,  that  those  who 
favor  the  object  should  begin  the  work  without  loss 
of  time.  If  we  wish  to  eat  of  the  date,  we  should 


608 


CONGRESS  OF  NATIONS. 


100 


plant  the  seed  immediately.  If  we  wish  our  children 
to  see  the  flower  of  the  aloe,  we  must  ourselves  begin 
the  cultivation. 

2.  If  we  look  back  into  the  history  of  the  world,  we 
shall  have  no  reason  to  doubt  the  truth  of  the  above- 
mentioned  axiom ; for  changes  have  taken  place  in 
the  world  as  wonderful  as  would  be  the  change  from 
the  trial  of  international  disputes  by  brute  force  and 
the  chance  of  war,  to  the  trial  of  such  disputes  by 
reason  and  an  impartial  tribunal.  Indeed,  such 
changes  have  already  taken  place  with  respect  to 
individuals,  and  even  of  independent  states  confed- 
erated together  for  the  purpose,  though  on  a small 
scale.  I shall  briefly  allude  to  a few  of  these  changes. 

3.  The  time  was,  when  every  individual  took  ven- 
geance into  his  own  hands,  as  nations  do  now.  Even 
among  the  chosen  people  of  God,  the  avenger  of 
blood  was  allowed  to  pursue  the  manslayer,  and  if  he 
overtook  the  homicide  before  he  reached  a city  of 
refuge,  he  slew  him  without  a trial.  This  practice, 
but  without  the  city  of  refuge,  still  obtains  among  the 
savage  nations  of  America,  the  Arabs,  and  in  many 
parts  of  Greece.  When,  therefore,  Alfred  the  great 
instituted  the  ordeal  by  battle  and  regulated  revenge 
by  law  and  gave  it  the  sanction  of  religion,  it  was 
considered  a great  advance  on  the  barbarous  manners 
of  the  age.  Bringing  the  custom  of  war  — which  is 
nothing  else  than  the  custom  of  unregulated  robbery, 
revenge  and  assassination  — under  certain  rules  and 
regulations,  avoiding  much  of  its  frequency,  abating 
its  cruelty,  and  diminishing  the  number  of  persons 


101 


CONGRESS  OF  NATIONS. 


609 


who  should  be  considered  combatants,  would  prepare 
the  way  for  subjecting  the  whole  system  to  a trial  by 
reason  and  the  Court  of  Nations,  as  the  ordeal  by 
battle  was  gradually  changed  into  the  Grand  Assize, 
which  was  substituted  for  it  by  St.  Louis,  of  France, 
and  Henry  II,  of  England,  after  an  existence  of  five 
centuries.  This  amelioration  began  by  exempting 
certain  characters  from  the  trial  by  battle  ; then  certain 
causes  were  excluded ; then  other  causes,  under  certain 
circumstances,  as  when  compurgators,  or  jurors,  would 
swear  to  the  innocence  of  the  accused, — but  the 
juror  was  liable  to  be  challenged  by  the  prosecutor, — 
the  accused  could  not  be  compelled  to  risk  life  or 
limb  a second  time,  under  the  same  accusation,  and 
many  other  ameliorations  were  gradually  introduced, 
until  the  judicial  combat  became  entirely  obsolete  in 
all  countries  where  it  had  existed ; and  the  only 
shadow  of  it  left  is  the  modern  duel,  though  it  has 
not  been  ten  years,  since  the  trial  by  battle,  in  all 
cases,  was  formally  expunged  from  the  statute  law  of 
England.  Formerly,  the  judicial  combat  was  almost 
universal  in  Christendom,  and  was  impiously  called 
an  “appeal  to  heaven,”  and  was  preceded  by  fasting  and 
prayer,  as  the  custom  of  war  is  now.  If  this  custom 
of  the  duel  or  private  war,  once  sanctioned  by  church 
and  state,  has  been  denounced  by  both,  why  may  not 
the  custom  of  war,  in  due  time,  share  the  same  fate  1 
4.  The  origin  and  progress  of  society  also  affords 
a hope,  that  a trial  of  international  disputes  by 
a regularly  constituted  court,  judging  by  known  and 
acknowledged  laws,  may  in  time  take  the  place  of 

77 


610 


CONGRESS  OF  NATIONS. 


102 


the  ordeal  of  Avar.  Small  bodies,  like  the  indepen- 
dent states  of  Greece,  Italy,  Germany,  Gaul,  the  Saxon 
Heptarchy,  the  Hanse  Towns,  the  Helvetic  Union, 
&:c.,  have  voluntarily  congregated  together,  not  only 
for  the  purpose  of  mutual  defence  against  a foreign 
power,  but  for  mutual  defence  against  each  other. 
These  found  it  necessary  to  constitute  certain  councils 
and  diets,  Avhich  were  as  successful  in  securing  peace 
among  the  several  members  of  the  league,  as  could 
reasonably  have  been  expected,  considering  the  dark- 
ness, ignorance,  and  belligerent  spirit  of  the  times  in 
which  they  existed ; and  were  bright  spots  in  the 
history  of  those  dark  ages.  But  they  admitted  two 
principles  among  them,  which  destroyed,  at  length, 
their  utility,  and  from  which  our  plan  is  free.  The 
first  of  these  was,  the  enforcement  of  their  decrees  by 
the  power  of  the  SAVord,  instead  of  depending  on 
moral  power  alone.  The  other  evil,  Avhich  attended 
their  organizations,  was  the  union  of  the  legislative, 
judiciary  and  executive  powers  in  one  body.  This 
introduced  intrigue,  ambition,  and  many  other  baleful 
passions  and  practices,  which  strongly  tried  their 
principles  of  peace  and  justice ; but  with  all  these 
disadvantages,  — such  is  the  force  of  the  principles 
which  Ave  advocate, — they  continued  to  preserve 
peace  among  themselves  for  centuries,  with  but  little 
interruption ; and  when  they  fell,  they  fell  rather  by 
external  violence  than  internal  dissensions. 

5.  The  change  of  opinion  on  the  necessity  of 
religious  persecution  warrants  the  hope,  that  it  will 
likewise  change  on  the  necessity  of  war.  There  was 


103 


CONGRESS  OF  NATIONS. 


611 


a time  when  religious  persecution  was  thought  as 
necessary  to  the  safety  of  the  church  as  war  is  now 
to  the  safety  of  the  state ; and  this  opinion  was 
peculiar  to  no  sect,  for  Protestants  were  persecutors 
as  well  as  Catholics.  The  fires  of  persecution  were 
lighted  up  in  all  parts  of  the  Christian  world,  and 
rivers  of  blood  flowed,  for  the  vain  purpose  of  pro- 
curing an  uniformity  of  faith  and  practice  in  the 
affairs  of  religion ; but  who  now  w^ould  dare  to  raise 
his  voice  in  favor  of  religious  persecution?  If  so 
wonderful  a change  in  public  opinion  has  taken  place 
with  respect  to  religious  wars,  why  may  we  not 
expect  a similar  change  with  respect  to  political  wars  ? 

6.  Piracy  was  practised  and  honored  by  the 
polished  Athenians,  who  plundered  and  enslaved  all 
who  were  not  Greeks ; and  piracy  has  been  allowed, 
and  even  honored,  almost  to  the  present  day.  Sir 
Thomas  Cavendish,  a famous  pirate,  flourished  about 
the  year  1590,  and  the  celebrated  Dampiere,  about  a 
century  later.  The  latter  was  advanced  to  the  com- 
mand of  the  sloop  of  war  Roebuck.  Charles  II 
knighted  Morgan,  a famous  pirate,  and  gave  him  the 
command  of  one  of  his  ships  of  war.  Now  who  is 
there  to  advocate  piracy  ? It  is  true,  privateering  is 
but  licensed  piracy,  and  we  can  hardly  conceive  the 
difference  between  the  unlicensed  pirate  and  the 
foreigner  who  ships  on  board  a privateer,  to  fight 
against  a country  with  which  his  own  is  at  peace,  and 
to  rob  and  murder  those  who  never  injured  him  or 
his  country.  The  time  is  not  far  distant  when,  though 
war  may  be  continued,  such  men  will  be  treated 


612 


COKGRESS  OF  NATIONS. 


104 


as  pirates,  and  the  whole  system  of  privateering 
abandoned  by  the  mutual  consent  of  all  civilized 
nations,  assembled  by  their  ambassadors  in  a Congress 
of  Nations. 

7.  The  great  change  which  has  lately  taken  place 
in  public  opinion,  on  the  lawfulness  and  expediency 
of  war,  affords  a hope  that  this  change  will  go  on, 
until  the  time  shall  come  when  it  will  be  thought 
neither  glorious,  just,  nor  wise,  to  conquer  foreign 
countries,  and  thereby  load  the  conquering  country 
with  debts  and  taxes,  as  well  as  the  conquered  nation. 
Once  it  was  different.  Lord  Bacon  was  of  opinion, 
that  war  was  as  necessary  to  the  welfare  of  the  state, 
as  exercise  to  the  health  of  a man.  Hobbes  maintained 
that  there  was  no  obligation  of  justice  between  nations; 
and  that  wars  for  conquest  and  spoil  were  authorized 
by  the  law  of  nature.  Fenelon,  the  amiable  arch- 
bishop of  Cambray,  in  his  Telemachus,  advises  his 
prince  to  send  his  subjects  into  foreign  wars,  to 
acquire  a martial  spirit  and  disseminate  it  among  their 
countrymen.  But  Frederic  the  great,  though  a great 
conqueror,  considered  that  no  conquest  he  ever  made 
was  worth  one  year’s  interest  of  the  money  it  cost. 
Franklin  thought  that  there  never  was  a good  war,  nor 
a bad  peace.  Jefferson  was  an  honorary  member  of 
the  Massachusetts  Peace  Society,  and  so  was  the 
emperor  Alexander.  Cassimir  Perrier,  the  late 
lamented  prime  minister  of  France,  was  eminently 
a man  of  peace,  and  so  is  Lord  Brougham,  and  even 
Daniel  O’Connell.  This  change  of  opinion,  on  the 
subject  of  war,  indicates  that  a change  of  measures 
is  not  far  distant  in  the  vista  of  time. 


105 


CONGRESS  OF  NATIONS. 


613 


8.  The  amelioration  of  the  physical  evils  and  suf- 
ferings of  war  warrants  a belief,  that  they  may  be 
further  ameliorated,  until  war  comes  to  be  attenuated 
to  a mere  shadow  of  what  it  has  been.  It  may  be 
true  that  “the  natural  state  of  man  is  war,”  as  was 
affirmed  by  Hobbes ; but  Christianity  has  begun  to 
modify  the  natural  state  of  man,  and  its  first  step  was 
a mitigation  of  the  horrors  of  war.  Formerly,  poison 
and  assassination  were  practised  by  civilized  nations, 
as  they  are  still  by  barbarians.  Christianity  has 
abohshed  those  customs.  But  Christian  nations  still 
starve  their  enemies  in  masses,  and  assassinate  them 
by  wholesale.  Formerly,  all  the  inhabitants  of  an 
enemy’s  country  were  treated  ahke,  and  were  enslaved 
or  killed.  Now,  the  greater  part  are  considered  as 
non-combatants,  and  their  life  and  liberty  are  spared ; 
and  there  is  reason  to  hope  that  this  list  of  non- 
combatants  will  be  farther  enlarged,  so  as  to  embrace 
all  men  following  their  peaceful  business,  whether  by 
sea  or  land.  Formerly,  all  the  property  of  the  enemy 
was  considered  lawful  prize  to  the  captor.  Now, 
private  property  on  shore  is  respected ; and  we  have 
reason  to  hope,  that  this  amelioration  will  advance, 
until  private  property  shall  be  respected  on  the  ocean, 
at  least  under  a neutral  flag.  Why  may  not  these 
ameliorations  continue  to  go  on,  until  war  becomes  a 
mere  matter  of  form  and  nonintercourse  1 

9.  There  are  many  things  which  were  formerly 
thought  justifiable  causes  of  war,  which  are  thought 
so  no  longer.  Once  it  was  thought  right  to  propagate 
Christianity  by  the  sword ! Crusades  were  preached 


614 


CONGRESS  OF  NATIONS. 


106 


up,  not  only  against  the  pagans,  but  against  various 
sects  of  Christians,  and  they  were  thought  agreeable 
to  justice  and  the  gospel  of  the  Prince  of  peace. 
Once,  wars  for  conquest  and  spoil  were  justified, 
and  conquerors  extolled  to  the  skies  and  almost 
deified.  Now,  public  opinion  is  so  far  corrected,  that 
wars  to  propagate  the  Christian  religion  are  never 
thought  of,  and  wars  for  conquest  and  plunder  are 
reprobated,  and  those  who  engage  in  them  are  com- 
pelled, by  the  power  of  public  opinion,  to  issue  a 
manifesto  to  show  the  justice  of  their  cause ; for  men 
now  fight  professedly  for  justice.  A little  more  light 
will  show  mankind  that  the  sword  is  a capricious 
arbiter  of  justice ; and  were  there  an  adequate  tribunal, 
no  government  could  without  disgrace  appeal  to  the 
sword  for  justice,  at  least,  until  it  had  invited  its 
adversary  to  refer  their  disputes  to  that  tribunal. 
Nations  are  now  not  justified  in  resorting  to  war, 
until  they  have  tried  every  other  mode  of  redress ; 
and  war  is  called  “ the  last  resort  of  kings,”  simply 
because  there  never  has  been  an  international  tribunal 
on  an  extended  scale. 

10.  The  great  change  in  public  opinion  which  has 
taken  place  with  respect  to  the  slave  trade,  warrants 
the  hope,  that  a similar  change  may  take  place  with 
respect  to  war.  This  trade  was  carried  on  for  cen- 
turies, with  the  approbation  of  the  Christian  public ; 
and  millions  of  our  fellow-creatures  have  been  carried 
into  hopeless  bondage.  Yet  it  was  not  until  the  year 
1776,  that  any  attempt  was  made  to  abolish  it;  and 
that  attempt  was  met  with  a more  decided  rejection. 


107 


CONGRESS  OF  NATIONS. 


615 


by  the  British  parliament,  than  our  petitions  for  a 
Congress  of  Nations  have  met  with  from  the  American 
congress.  The  advocates  of  the  abolition  of  the 
slave  trade  were  then  treated  with  greater  contempt 
than  the  advocates  of  the  abolition  of  war  are  now. 
Yet  the  former  succeeded  beyond  their  most  san- 
guine expectations,  and  similar  success  may  attend 
the  advocates  of  peace. 

11.  The  great  change  in  public  opinion,  which  has 
taken  place  with  respect  to  the  benefit  to  be  derived 
from  the  use  of  ardent  spirits,  warrants  a hope,  that 
a similar  change  will  take  place  at  no  distant  day, 
with  respect  to  the  utility  of  war.  Once,  alcohol  was 
thought  as  necessary  to  the  health  of  a man,  as  war 
is  now  to  the  safety  of  the  state ; but  alcohol  is  now 
denounced  as  poison,  and  the  time  is  not  far  distant 
when  war  will  be  considered  a greater  evil  than 
alcohol.  Not  long  since,  the  advocates  of  total 
abstinence  from  all  that  can  intoxicate,  were  consid- 
ered fanatics  ; but  their  wonderful  success  shows  the 
power  of  truth  when  properly  presented.  Many, 
who  once  considered  the  trade  in  ardent  spirits  law- 
ful, have  now  abandoned  it.  The  same  may  take 
place  with  respect  to  the  trade  of  war. 

12.  The  improvements  in  civil  society,  which  have 
been  increasing  since  the  last  great  w^ar  in  Europe,  in 
a geometrical  ratio,  warrant  the  belief,  that  mankind 
will  adopt  a more  rational  and  civilized  mode  of  set- 
tling their  disputes  than  the  barbarous  custom  of  war. 
Arms  have,  in  a great  measure,  given  place  to  laws. 
Formerly,  a man  had  no  other  way  of  acquiring 


616 


CONGRESS  OF  NATIONS. 


108 


celebrity,  than  being  great  in  fight,  and  in  emulating 
savage  beasts  in  the  display  of  courage  and  ferocity. 
The  arts,  the  sciences,  politics,  jurisprudence,  travels, 
inventions,  and  the  benevolent  enterprises  of  the  day, 
furnish  more  rational  fields  for  the  ambitious.  Emu- 
lation in  the  works  of  benevolence  is  taking  place  of 
emulation  in  the  arts  of  destruction. 

13.  The  late  improvement  in,  and  increased  power 
of,  jmblic  opinion  furnish  another  guaranty  of  peace. 
Glory  and  conquest  are  no  longer  acknowledged  as 
justifiable  causes  of  war.  Every  war  requires  a 
manifesto  in  which  the  justification  of  war  measures 
is  attempted.  Even  Napoleon  himself,  in  the  pleni- 
tude of  his  power,  trembled  at  the  shaking  of  a pen, 
in  the  hand  of  a British  reviewer.  No  army,  no 
fortress,  can  withstand  the  attacks  of  public  opinion. 
It  reaches  the  tyrant  on  the  throne,  and  the  conqueror 
on  the  field  of  battle,  and  stings  through  the  folds  of 
purple  and  the  coat  of  mail.  “ Arms  cannot  kill  it. 
It  is  invulnerable,  and,  like  Milton’s  angels,  ‘ Vital  in 
every  part,  it  cannot,  but  by  annihilation,  die.’”* 
Public  opinion  is  daily  becoming  more  powerful, 
because  more  enlightened ; for  “ great  is  the  truth, 
and  it  will  prevail,”  and  finally  triumph  for  ever  over 
brute  force. 

14.  The  increased  intercourse  of  nations  is  another 
guaranty  of  peace.  It  was  the  former  policy  of  na- 
tions to  be  as  independent  of  one  another  as  possible 
— withdrawing  within  themselves  like  a tortoise,  to 


* D.  Webster. 


109 


CONGRESS  OF  NATIONS. 


617 


look  on  security  from  external  danger  as  the  chief 
end  of  government ; without  exchanging  the  gifts  of 
kind  Providence  with  other  nations,  by  means  of  that 
great  highway,  the  ocean,  which  he  has  created  for 
the  purpose  of  exchanging  the  surplus  products  of 
one  nation  for  the  superfluities  of  another ; and  thus 
relieving  the  necessities  of  all.  Under  this  Chinese 
system,  mankind  became  prejudiced,  morose  and 
misanthropic,  and  considered  the  depression  of  a 
neighboring  country  the  elevation  of  their  own. 
Nations  now  begin  to  see,  that  God  has  made  man- 
kind for  a system  of  mutual  dependence  on  one 
another,  and  that  the  more  we  are  dependent  on 
another  nation,  the  more  that  nation  is  dependent  on 
us  — that  to  impoverish  our  customers  is  not  to  enrich 
ourselves,  and  that  the  more  we  buy  of  other  nations, 
the  more  they  will  buy  of  us.  Hence  a wonderful 
spring  has  been  given  to  commerce  — all  climates  are 
brought  into  juxtaposition,  and  the  superfluities  of 
one  climate  minister  to  the  wants,  the  comforts,  and 
the  luxuries  of  another.  This  happy  state  of  things  is 
interrupted  by  war ; and  the  evils  of  war  are  found 
not  only  in  the  tax-book  of  the  belligerent,  but  in 
the  workshop,  and  on  the  farm  and  plantation  of  the 
neutral.  The  manufacturers  and  merchants  of  Eng- 
land would  have  found  their  advantage  in  paying 
all  the  claims  of  France  on  Mexico,  if  that  would 
have  prevented  the  blockade  of  La  Vera  Cruz. 
Though  the  United  States  were  almost  the  only 
carriers  in  the  world,  during  the  late  wars  in  Europe, 
yet  they  found  their  commerce  so  crippled  and 

78 


618 


CONGRESS  OF  NATIONS. 


110 


restricted  by  war,  that  they  preferred  a state  of  war 
itself  to  neutrality.  The  world  has  at  length  found 
out,  that  it  is  lor  the  interest  of  every  nation  to  keep 
all  the  other  nations  at  peace. 

15.  The  union  of  almost  all  Christian  nations  in 
spreading  the  gospel  of  peace  over  the  world,  is 
another  of  the  signs  of  the  times  favorable  to  the 
cause  of  permanent  and  universal  peace.  In  the 
dark  ages,  Christian  nations  united  in  arms,  and 
bishop-generals  led  their  mailed  monks  and  vassals 
to  Palestine,  for  the  purpose  of  wresting  an  empty 
sepulchre  from  the  hands  of  the  infidels,  by  sword 
and  spear.  In  the  words  of  Anna  Comnena,  “All 
Europe  was  emptied  on  Asia.”  They  took  the 
sword,  and  they  perished  by  the  sword.  Now,  an 
holier  enterprise  is  on  foot,  more  consistent  with  the 
genius  of  Christianity.  Christians  have  again  gone 
forth,  but  armed  with  the  “ sword  of  the  Spirit,  which 
is  the  word  of  God and  their  design  is  to  conquer 
the  world  and  to  bring  it  under  the  mild  sceptre  of 
the  Prince  of  peace  ; and  every  wind  brings  us  news 
of  their  success  in  one  quarter  or  another.  War 
would  put  a stop  to  all  these  peaceful  conquests,  not 
only  by  stopping  all  intercourse,  but  by  a still  worse 
consequence  — the  example  of  fighting  Christians 
on  those  they  are  seeking  to  convert  to  the  gospel  of 
peace.  With  what  reluctance  must  the  missionaries 
inform  the  new  converts,  that  their  stations  must  be 
abandoned,  because  the  Christian  nations,  that  had 
ministered  to  their  support,  were  engaged  in  mutual 
slaughter ! Every  one  who  supports  the  missionary 


Ill 


CONGRESS  OF  NATIONS. 


619 


cause  will,  if  consistent,  favor  the  cause  of  peace  and 
a Congress  of  Nations. 

16.  A disposition  among  the  nations  of  Christen- 
dom to  mediate  and  to  arbitrate,  is  another  of  the 
signs  of  the  times,  which  is  highly  auspicious  to  the 
cause  of  permanent  and  universal  peace.  Never, 
before,  was  there  such  a disposition  to  avoid  war. 
Belgium  and  Holland  have  referred  their  disputes  to 
England  and  France.  Great  Britain  and  America 
have  referred  their  disputes  to  Russia  and  Holland. 
The  United  States  and  Mexico  have  called  on  the 
king  of  Prussia  as  an  umpire  between  them  ; and  the 
benevolent  exertions  of  Christian  nations  have  ex- 
tended beyond  Christendom,  and  the  five  great 
powers  of  Europe  have  offered  to  mediate  between 
the  Grand  Sultan  and  the  Pacha  of  Egypt.  This  is 
indeed  the  “era  of  good  feelings;”  and  the  time  is  at 
hand,  when  no  nation  will  venture  on  war  before 
an  offer  of  arbitration,  without  disgrace  bordering  on 
execration.  Now,  if  the  arbitration  of  an  individual 
umpire  is  good,  the  judgment  of  a regular  Court  of 
Nations  is  better,  for  the  reason  already  shown ; so 
that  there  can  be  no  reasonable  doubt,  that  such  a 
court  will,  ere-long,  be  established. 

17.  Even  the  late  improvement  in  the  arts  of 
destruction,  and  the  increased  expense  of  war,  are  a 
security  for  the  continuance  of  peace.  It  is  true, 
many  of  the  barbarous  and  protracted  torments  of 
ancient  warfare,  such  as  poison,  and  the  starvation  and 
crucifixion  of  prisoners  have  ceased  among  Christians, 
but  the  means  of  immediate  destruction  have  greatly 


620 


CONGRESS  OF  NATIONS. 


112 


increased.  The  congreve-rocket,  the  torpedo,  the 
newly  invented  bomb  and  bullet,  the  steam-frigate, 
and  many  others  in  contemplation,  afford  means  of 
immediate  destruction  unknown  to  the  ancients,  or  to 
modern  nations  not  yet  converted  to  Christianity ; and 
they  enable  the  machinist  to  be  more  efficient  in 
destroying  human  life  than  the  hero.  The  increased 
expense  of  carrying  on  war  by  these  terrible  engines, 
rather  than  by  human  machines,  Avill  occasion  a great 
increase  of  the  burthens  of  war,  and  will  make  it 
more  difficult  to  raise  the  requisite  amount  of  taxes ; and 
this  will  turn  the  attention,  both  of  rulers  and  subjects, 
to  a cheaper  method  of  settling  international  disputes. 

18.  The  ascending  scale  of  justice,  from  the  mayor’s 
or  justice’s  courts,  to  the  inferior  and  the  superior 
courts,  and  finally  to  the  Supreme  Court  of  the  United 
States,  wants  but  one  step  more  to  complete  the  system, 
and  that  is  a court  which  shall  settle  disputes  between 
sovereign  and  independent  nations  ; in  the  same  man- 
ner as  the  Supreme  Court  of  the  United  States  has 
settled  many  cases  of  disputes  between  the  several 
sovereign  and  independent  States  of  North  America, 
without  ever  yet  having  caused  the  shedding  of  one 
drop  of  blood.  The  Admiralty  court  of  Great  Britain 
affects  to  be  a court  of  appeals  to  decide  cases  between 
the  British  government  and  foreigners,  by  the  law  of 
nations,  when  not  restrained  by  acts  of  parliament ; but 
it  is  not  independent,  nor  is  its  authority  acknowledged 
out  of  the  British  empire.  The  several  diets  of  the 
various  confederations  of  Europe  are  humble  imitations 
of  a Court  of  Nations,  in  reference  to  the  members  of 


113 


CONGRESS  OF  NATIONS. 


621 


the  confederacy  by  which  they  have  been  organized. 
Only  one  step  further  and  we  have  a Court  of  Nations. 
There  is  great  reason  to  hope,  that  this  step  will  ere- 
long be  taken,  and  the  scale  of  justice  completed. 

19.  There  is  one  general  principle  of  human  nature, 
which  ought  not  to  be  left  out  of  our  account,  and 
that  is,  that  when  men  meet  together  with  a sincere 
desire  of  doing  any  thing  which  ought  to  be  done, 
that  very  desire  and  that  very  meeting  are  guar- 
anties that  the  thing  they  contemplate  will  be  done. 
Now  if  a convention  of  delegates  from  the  chief 
powers  of  Christendom  should  meet  together,  with  a 
sincere  desire  to  organize  a Congress  and  Court  of 
Nations,  it  is  absurd  to  suppose  they  cannot  do  it. 

20.  The  above  arguments  and  facts  which  go  to 
show  that  the  time  is  near  when  Christian  and  civil- 
ized nations  will  seek  some  other  arbiter  than  the 
sword  to  settle  their  disputes,  are  amply  sufficient  to 
convince  any  unprejudiced  mind  of  the  practicability 
of  the  plan  which  we  propose.  But  as  I am  writing 
for  those  nations  that  profess  to  believe  in  the  divine 
inspiration  of  the  Holy  Scriptures,  I draw  my  con- 
cluding argument  from  them.  From  the  many 
prophecies  which  predict  a time  of  permanent  and 
universal  peace,  I select  only  one.  “ But  in  the  last 
days,  it  shall  come  to  pass,  that  the  mountain  of  the 
house  of  the  Lord  shall  be  established  in  the  top  of 
the  mountains,  and  it  shall  be  exalted  above  the  hills ; 
and  people  shall  flow  unto  it.  And  many  nations 
shall  come,  and  say.  Come,  and  let  us  go  up  to  the 
mountain  of  the  Lord,  and  to  the  house  of  the  God 


622 


CONGRESS  OF  NATIONS. 


114 


of  Jacob ; and  he  will  teach  us  of  his  ways,  and  we 
will  walk  in  his  paths ; for  the  law  shall  go  forth  of 
Zion,  and  the  word  of  the  Lord  from  Jerusalem. 
And  he  shall  judge  among  many  people,  and  rebuke 
strong  nations  afar  oft' ; and  they  shall  beat  their 
swords  into  ploughshares,  and  their  spears  into 
pruning-hooks ; nation  shall  not  lift  up  a sword  against 
nation,  neither  shall  they  learn  war  any  more.  But 
they  shall  sit,  every  man  under  his  vine  and  under 
his  fig-tree ; and  none  shall  make  them  afraid : for 
the  mouth  of  the  Lord  of  hosts  hath  spoken  it.”  Micah 
4:  1 — 4.  Now,  though  we  may  reasonably  expect, 
from  the  promises  of  God,  and  the  signs  of  the  times, 
that  the  period  is  not  far  distant,  when  wars  will  cease ; 
yet  we  cannot  reasonably  expect,  that  while  man 
remains  the  same  selfish  creature  he  is,  disputes  and 
contentions  will  altogether  cease;  but  that  very  selfish- 
ness will  induce  him  to  seek  some  cheaper,  safer  and 
surer  way  of  obtaining  justice,  than  war ; and  a Court 
of  Nations  will  be  both  the  cause  and  effect  of  the 
perpetual  cessation  of  war.  Mankind  have  tried  war 
long  enough  to  know  that  it  seldom  redresses  griev- 
ances, and  that  it  generally  costs  more  than  the  redress 
is  worth,  even  when  it  is  most  successful;  and  “that,” 
to  use  the  words  of  Jefferson,  “war  is  an  instrument 
entirely  inefficient  toward  redressing  wrong ; that  it 
multiplies  instead  of  indemnifying  losses.”  What, 
then,  shall  hinder  the  nations  from  adopting  a cheap 
and  sure  mode  of  redress,  such  as  a Court  of  Nations 
promises  ? — what  but  blindness  to  their  own  happiness, 
which  cannot  always  endure  ? 


115 


CONGRESS  OF  NATIONS. 


623 


CHAPTER  XII. 


ON  THE  BENEFITS  WHICH  WOULD  BE  LIKELY  TO  ACCRUE  FROM  A 
CONGRESS  AND  A COURT  OP  NATIONS. 

1.  Little  need  be  said  under  this  head — 2.  Code  of  international  law — 
3.  Court  of  Nations — 4.  Conservators  of  the  peace  of  nations — 
5.  Abatement  of  taxation — 6.  Saving  of  human  life — 7.  Moral  evils 
of  war  prevented. 

1.  Much  need  not  be  said  on  this  subject  after  the 
preceding  chapters,  as  it  would  be  only  a repetition  of 
arguments.  In  fact,  the  advantages  are  so  obvious, 
that  it  is  not  necessary  to  say  much ; but  I will  men- 
tion a few  particulars  not  before  stated,  or  but  slightly 
alluded  to. 

2.  One  advantage  to  be  derived  from  a Congress 
of  Nations  is  a code  of  international  law,  no  longer 
dependent  on  the  conflicting  and  changing  opinions 
of  civilians,  but  solemnly  agreed  upon,  after  mature 
deliberation,  by  the  nations  represented  by  their 
wisest  men,  and  confirmed  by  the  respective  govern- 
ments, like  a treaty  of  peace  or  commerce.  Every 
nation,  every  independent  state,  every  city  and  body 
corporate,  nay,  even  every  voluntary  association, 
thinks  it  necessary  to  have  a well-defined  code  of 
laws,  by  which  to  regulate  their  conduct  with  one 
another.  Why,  then,  should  not  the  community  of 
nations  have  such  a code  of  laws,  mutually  agreed  on 


624 


CONGRESS  OF  NATIONS. 


116 


and  promulgated,  so  as  to  be  read  and  known  by  all 
men  ? 

3.  If  it  is  necessary  to  have  such  a code  of  laws, 
it  is  no  less  necessary  to  have  an  independent  body 
of  men,  authorized  and  commissioned  to  interpret 
those  laws,  instead  of  leaving  every  state  to  make 
that  interpretation  which  suits  its  own  interest. 

4.  It  would  be  a great  advantage  to  the  world,  to 
have  a respectable  body  of  men  to  act  as  conservators 
of  the  peace  of  nations,  whose  office  it  should  be, 
when  they  saw  a war  brewing  between  any  two 
nations,  to  offer  their  mediation,  and  propose  terms  of 
compromise.  Often  a nation,  like  an  individual,  goes 
to  war  for  honor,  when  she  would  be  very  glad  to 
refrain,  were  it  not  from  fear  that  her  courage  or  her 
power  would  be  suspected.  In  such  cases,  a mediator, 
like  the  Court  of  Nations,  would  generally  keep  the 
peace  of  nations. 

5.  Submission  of  international  disputes  to  a Court 
of  Nations  would  relieve  the  people  of  most  nations 
of  seven-eighths  of  their  taxes.  It  is  computed  that 
750,000,000  of  dollars  are  annually  drawn  from  the 
pockets  of  the  people  of  Europe,  for  the  purposes  of 
keeping  up  war-establishments  in  time  of  peace ; nearly 
all  of  which  could  be  spared,  and  either  left  for  the 
increased  enjoyments  of  all  classes  of  community,  or 
expended  in  internal  improvements,  or  in  common 
schools,  academies  and  colleges.  If  the  governments 
of  Europe  would  adopt  the  measure  of  a simultaneous 
disarmament,  they  might  do  it  without  fear,  and  spend 
the  sums,  now  lavished  on  armies,  in  increasing  the 


117 


CONGRESS  OF  NATIONS. 


625 


comforts  and  education  of  the  poor,  for  then,  they 
would  have  no  occasion  for  standing  armies  to  keep 
the  people  in  subjection  ; and  the  wealth  so  expended 
would  soon  be  returned  to  government,  with  interest, 
from  the  increased  ability  of  their  subjects  to  pay 
taxes,  and  the  increased  ability  of  all  classes  of  the 
people  to  purchase  the  luxuries  of  life,  which  might 
still  be  sufficiently  taxed,  while  the  necessaries  of  life 
might  be  left  free  from  taxation. 

6.  The  saving  of  money,  now  lavished  in  support- 
ing stupendous  naval  and  military  establishments, 
would  be  of  small  consideration,  when  compared  with 
the  saving  of  human  life,  by  a pacific  policy.  It  is 
supposed  that  the  average  life  of  a soldier  in  war  does 
not  exceed  three  years.  The  celebrated  Neckar 
calculated,  that  one  third  of  new  recruits  perished 
the  first  year  by  the  hardships  of  a military  life.  Of 
the  victims  of  war,  probably  not  one  in  ten  ever  feels 
the  stroke  of  an  enemy.  Who  can  tell  the  amount  of 
physical  suffering  endured  in  war,  when  the  most 
civilized  nations  of  the  world  bend  all  their  ingenuity, 
arts,  and  knowledge  to  the  single  purpose  of  inflicting 
the  greatest  possible  amount  of  suffering  on  one 
another  ? 

7.  But  the  physical  evils  and  pains  of  war  are 
“ trifles  light  as  air,”  when  compared  with  its  moral 
evils,  and  the  contamination  of  the  fleet  and  the  camp, 
“ where,”  as  Dr.  Doddridge  says,  in  his  Life  of  Colonel 
Gardiner,  “the  temptations  are  so  many,  and  the 
prevalence  of  the  vicious  character  so  great,  that  it 
may  seem  no  inconsiderable  praise  and  felicity,  to  be 

73 


626 


CONGRESS  OF  NATIONS. 


118 


free  from  dissolute  vice ; and  the  few  who  do  escape, 
should  be  recorded  heroes  indeed,  and  highly 
favored  of  Heaven.”  The  celebrated  Robert  Hall, 
in  a sermon  against  war,  says,  “It  is  the  fruitful 
parent  of  crimes.  It  reverses,  with  respect  to  its 
object,  all  the  rules  of  morality.  It  is  nothing  less 
than  a temporary  repeal  of  all  the  principles  of  virtue. 
It  is  a system  out  of  which  almost  all  the  virtues  are 
excluded;  and  in  which  nearly  all  the  vices  are 
incorporated.”  Now  if  a Court  of  Nations  should 
prevent  but  one  war  in  a whole  century,  all  the 
trouble  and  expense  of  organizing  such  a Court 
would  be  amply  repaid. 


119 


CONGRESS  OF  NATIONS. 


627 


CHAPTER  XIII. 

MEANS  TO  BE  USED  FOR  THE  PURPOSE  OF  OBTAINING  A CONGRESS 
OF  NATIONS. 

1.  The  same  means  as  are  used  in  other  moral  enterprises — 2.  Miseries, 
crimes,  and  sins  of  war  exposed — 3.  Enlighten  the  people. 

1.  The  means  of  hastening  “ a consummation  so 
devoutly  to  be  wished,”  as  the  organization  of  a 
Congress  and  Court  of  Nations,  are  much  the  same 
as  those  which  have  been  used,  to  further  other 
benevolent  operations  of  the  day.  When  Sharpe, 
Wilberforce  and  Clarkson  attempted  the  great  re- 
formation which  they  so  successfully  accomplished, 
they  began  with  exposing  the  horrors  and  crimes  of 
the  slave  trade.  Persons  were  employed  to  collect 
facts,  and  lay  them  before  the  public  in  popular 
lectures.  The  press  was  engaged  in  showing  the 
cruelty  and  injustice  of  the  traffic,  by  tracts  and 
newspaper  essays ; and  the  pulpit  thundered  its 
anathemas  against  it.  By  the  united  attacks  of  this 
triple  alliance,  the  strongholds  of  the  slave  trade  were 
demolished ; and  nations  which  had  before  sanctioned 
it,  now  pronounced  it  piracy. 

2.  Let  the  same  be  done  in  the  cause  of  Peace. 
Let  the  miseries,  the  crimes,  the  sins  of  war  be 
detected,  and  vividly  portrayed  before  the  power  that 
rules  the  nation.  In  republican  governments  and 


628 


CONGRESS  OF  NATIONS. 


120 


limited  monarchies,  this  power  lies  in  the  people.  It 
is  vain  to  expect,  that  governments  will  be  moved, 
until  the  people  are  — for,  in  representative  govern- 
ments, all  reforms  must  necessarily  commence  with 
the  people.  In  countries  where  the  power  lies  in  a 
monarch,  he  must  be  addressed,  on  the  subject ; for, 
in  such  governments,  it  is  the  monarch  who  chiefly 
gives  the  tone  to  public  opinion,  though  he  himself  is 
often  under  its  influence.  All  monarchs  love  to  be 
popular  at  home  and  abroad.  Like  other  men,  they 
love  praise,  or  glory,  as  they  call  it,  and  will  fight  for 
it,  so  long  as  fighting  insures  them  the  applause  of 
the  world.  The  same  men  would  pursue  a pacific 
policy,  if  it  were  more  popular ; and  we  have  reason 
to  hope,  that  there  are  even  some  who  would  do  so, 
if  it  were  not  popular.  Henry  IV,  though  a monarch 
almost  absolute,  devised  a plan,  the  professed  object 
of  Avhich  was  nearly  the  same  as  ours,  though  the 
means  of  its  accomplishment,  and  the  manner  in  which 
it  was  to  be  conducted,  were  very  different  from  ours. 
He  was  seconded  by  Elizabeth,  queen  of  England, 
whose  power  was  limited  by  a parliament,  of  which  a 
part  was  elected  by  the  people  and  a part  was  an 
hereditary  aristocracy ; and  by  Switzerland  and  other 
confederated  republics.  The  form  of  government 
was  no  obstacle  to  the  “ great  proposal,”  nor  would  it 
be  to  our  Congress  of  Nations. 

3.  Though  we  indulge  high  expectations  from 
such  monarchs  as  the  present  king  of  Prussia,  who 
has  shown  himself  to  be,  in  many  things,  far  in 
advance  of  the  spirit  of  the  age,  yet  our  hope  relies 


121 


CONGRESS  OF  NATIONS. 


629 


chiefly  on  the  United  States,  Great  Britain,  and 
France ; pretty  much  in  proportion  to  the  voice 
which  the  people  have  in  the  government.  The  first 
step,  then,  is  to  enlighten  the  people,  as  has  been 
done  in  the  State  of  Massachusetts ; and  they  will  call 
on  their  State  Legislatures  with  success,  as  they  have 
done  in  that  State,  and  as  they  have  done  in  Maine 
and  Vermont,  but  the  people  being  less  enlightened  on 
the  subject,  in  these  two  States,  the  cause  has  not  yet 
met  with  similar  success  there.  The  people  need  more 
light.  When  a majority  of  the  State  Legislatures 
shall  call  on  the  general  government,  in  as  decided  a 
tone  as  Massachusetts  has  done.  Congress  will  fall  in 
with  the  plan,  for  it  will  be  popular.  Our  govern- 
ment will  then  call  on  the  government  of  Great 
Britain,  where  light  has  been  spreading ; and  the  Brit- 
ish government  will  yield  to  the  solicitation  of  its  own 
subjects,  and  our  Executive ; and  both  together  will 
call  on  France.  If  no  more  than  these  three  powers 
are  gained,  the  cause  is  ours ; and  the  Congress  of 
Nations  may  go  into  immediate  operation ; and  when 
the  delegates  of  these  three  powers  are  assembled, 
they  may  extend  their  invitation  to  the  other  powers 
of  Christendom.  Switzerland,  where  much  has  al- 
ready been  done  on  the  subject,  would  soon  join, 
and  the  South  American  republics,  as  soon  as  they 
have  consolidated  their  governments.  The  confed- 
erations of  Germany,  with  Belgium,  Holland,  Den- 
mark, and  Sweden,  would  not  be  backward,  as  soon 
as  they  saw  that  the  plan  was  likely  to  succeed. 
The  philanthropic  and  enlightened  king  of  Prussia 


630 


CONGRESS  OF  NATIONS. 


122 


would  not  be  far  behind  them ; and  Russia  and 
Austria  would  not  see  such  great  movements  going 
on,  without  taking  a part ; but  they  would  go  on, 
whether  these  powers  took  a part  in  them  or  not. 
Spain,  Portugal,  and  Italy  would  come  at  last ; and  it 
would  be  no  wonder,  if  this  generation  should  not 
pass  away  before  the  Grand  Sultan  and  the  Bey 
of  Egypt  will  submit  their  disputes  to  a Court  of 
Nations.  The  storm  of  war  would  soon  be  hushed 
in  Christendom,  and  that  main  obstacle  to  the  con- 
version of  the  heathen  being  removed,  Christianity 
would  soon  spread  all  over  the  world. 


123 


CONGRESS  OF  NATIONS. 


631 


CHAPTER  XIV. 


ON  THE  DUTY  OF  ALL  MEN,  BOTH  RULERS  AND  SUBJECTS,  TO  EN- 
DEAVOR TO  OBTAIN  A CONGRESS  OF  NATIONS. 

1.  Nations  have  no  moral  right  to  declare  war,  until  they  have  exhausted 
all  the  means  of  preserving  peace — 2.  The  physical  evils  of  war 
should  be  prevented — 3.  Also  the  moral  evils — 4.  Neglect  of  duty. 


1.  It  is  a generally  acknowledged  principle,  that 
nations  have  no  moral  right  to  go  to  war,  until  they  have 
tried  to  preserve  peace  by  every  lawful  and  honorable 
means.  This,  the  strongest  advocate  for  war,  in  these 
enlightened  days,  will  not  deny,  whatever  might  have 
been  the  opinion  of  mankind,  on  the  subject,  in 
darker  ages.  When  a nation  has  received  an  injury, 
if  it  be  of  such  a magnitude  as,  in  the  opinion  of  the 
injured  party,  ought  not  to  be  submitted  to ; the  first 
thing  to  be  done  is  to  seek  an  explanation  from  the 
injuring  nation ; and  it  will  be  often  found,  that  the 
injury  was  unintentional,  or  that  it  originated  in 
misapprehension  and  mistake,  or  that  there  is  no  real 
ground  of  offence.  Even  where  the  ground  of 
offence  is  undeniable,  and,  in  the  opinion  of  the 
world,  the  injured  nation  has  a right  to  declare  war, 
it  is  now  generally  believed,  that  they  are  not  so  likely 
to  obtain  redress  and  reparation  by  war  as  by  forbear- 
ance and  negotiation;  and  that  it  is  their  bounden 


632 


CONGRESS  OF  NATIONS. 


124 


duty,  both  to  themselves  and  to  the  world  at  large,  to 
exhaust  every  means  of  negotiation,  before  they 
plunge  themselves  and  other  nations  into  the  horrors 
and  crimes  of  war.  The  United  States  had  much 
ground  of  complaint  against  Great  Britain,  during 
Washington’s  administration.  Instead  of  declaring 
war,  Jay  was  sent  to  England,  and  full  and  complete 
satisfaction  was  obtained  for  all  the  injuries  received, 
by  the  influence  of  moral  power  alone,  for  we  had  not 
then  a single  ship  of  war  on  the  ocean.  At  a subsequent 
period,  with  twice  the  population,  and  twenty  times 
the  means  of  offence,  impatient  of  a protracted  nego- 
tiation, we  resorted  to  war,  and  got  no  reparation  of 
injuries,  or  satisfaction  whatever,  except  revenge, 
bought  at  an  enormous  expense  of  men  and  money, 
and  made  peace,  leaving  every  cause  of  complaint  in 
the  statu  quo  ante  bellum.  Had  we  protracted  the 
negotiation  thirty  days  longer,  the  war  and  all  its  evils, 
physical  and  moral,  would  have  been  avoided.  Some- 
times negotiations  have  failed  altogether  to  obtain 
redress.  Then  an  offer  of  arbitration  should  follow. 
Now  what  we  are  seeking  for  is,  a regular  system  of 
arbitration,  and  the  organization  of  a board  of  arbitra- 
tors, composed  of  the  most  able  civilians  in  the  world, 
acting  on  well-known  principles,  established  and 
promulgated  by  a Congress  of  Nations.  If  there 
were  such  a Court,  no  civilized  nation  could  refuse  to 
leave  a subject  of  international  dispute  to  its  adjudi- 
cation. Nations  have  tried  war  long  enough.  It  has 
never  settled  any  principle,  and  generally  leaves 


125  CONGRESS  OF  NATIONS.  633 

dissensions  worse  than  it  found  them.  It  is,  therefore, 
high  time  for  the  Christian  world  to  seek  a more 
rational,  cheap,  and  equitable  mode  of  settling  inter- 
national difficulties. 

2.  When  we  consider  the  horrible  calamities  which 
war  has  caused,  the  millions  of  lives  it  has  cost,  and 
the  unutterable  anguish  which  it  produces,  not  only 
on  the  battle-field  and  in  the  military  hospital,  but  in  the 
social  circle  and  the  retired  closet  of  the  widow  and 
orphan,  we  have  reason  to  conclude,  that  the  inquisi- 
tion, the  slave  trade,  slavery,  and  intemperance,  all 
put  together,  have  not  caused  half  so  much  grief  and 
anguish  to  mankind  as  war.  It  is  the  duty,  therefore, 
of  every  philanthropist,  and  every  statesman,  to  do 
what  they  can  to  support  a measure  which  will 
probably  prevent  many  a bloody  war,  even  if  the 
probability  were  but  a faint  one. 

3.  When  we  consider  that  war  is  the  hotbed  of 
every  crime,  and  that  it  is  the  principal  obstacle  to 
the  conversion  of  the  heathen,  and  that  it  sends 
millions  unprepared  suddenly  into  eternity,  every 
Christian  ought  to  do  all  he  can  to  prevent  the  evil 
in  every  way  in  his  power,  not  only  by  declaiming 
against  war,  and  showing  its  sin  and  folly,  but  by 
assisting  to  bring  forward  a plan  which  is  calculated 
to  lessen  the  horrors  and  frequency  of  war.  Should 
all  the  endeavors  of  every  philanthropist,  statesman 
and  Christian  in  the  world  be  successful  in  preventing 
only  one  war,  it  would  be  a rich  reward  for  their 
labor.  If  only  once  in  a century,  two  nations  should 


80 


634 


CONGRESS  OF  NATIONS. 


126 


be  persuaded  to  leave  their  disputes  to  a Court  of 
Nations,  and  thereby  one  war  be  avoided,  all  the 
expense  of  maintaining  such  a court  would  be  repaid 
with  interest. 

4.  We  therefore  conclude,  that  every  man,  whether 
his  station  be  public  or  private,  who  refuses  to  lend 
his  aid  in  bringing  forward  this  plan  of  a Congress 
and  Court  of  Nations,  neglects  his  duty  to  his  country, 
to  the  world,  and  to  God,  and  does  not  act  consistently 
with  the  character  of  a statesman,  philanthropist,  or 
Christian. 


127 


CONGRESS  OF  NATIONS. 


635 


CHAPTER  XV. 

EECAPITULATION  AND  CONCLUSION. 

Part  I.  1.  Division  of  the  subject — 2.  Organization  of  a Congress  of 
Nations — 3.  Subjects  to  be  discussed — 4.  Rights  of  belligerents — 
5.  Rights  of  Neutrals — 6.  Objects  of  a civil  nature — Part  II. 
1.  Of  a Court  of  Nations — 2.  Examples  of  attempts  at  similar  insti- 
tutions— 3.  Attempts  of  individuals  and  peace  societies — Part  III. 
1.  Objections  met — 2.  Reasons  of  hope — 3.  Benefits  to  be  derived — 
4.  Means  to  be  used — 5.  Duty  enjoined — Part  IV.  1.  Conclu- 
sion and  appeal. 

I find  I have,  without  any  previous  design,  divided 
my  subject  into  the  four  following  distinct  parts : 

I.  1st.  I have  shown  what  our  object  is.  In  this 
I have  differed  from  the  preceding  authors,  and,  also, 
from  my  own  previous  writings  on  this  subject,  by 
dividing  it  into  two  distinct  branches,  viz.,  1st.  A 
Congress  of  Nations  for  the  establishment  of  a code  of 
international  laws  and  other  purposes  promoting  the 
peace  and  happiness  of  mankind;  and,  2d,  a Court  of 
Nations  entirely  distinct  from  the  Congress,  though 
organized  by  it,  for  the  purpose  of  arbitrating  or 
adjudicating  all  disputes  referred  to  it  by  the  mutual 
consent  of  two  or  more  contending  nations.  The 
first  I would  call  the  legislative,  the  second  the 
judiciary  power,  entirely  distinct  from  it  — the  first 
periodical,  the  other  perpetual.  For  the  executive 
we  trust  to  public  opinion.  2d.  I have  treated  of  the 


636 


CONGRESS  OF  NATIONS. 


128 


organization  of  the  Congress  of  Nations,  composed 
of  delegates  from  such  powers  as  should  choose 
to  be  represented  there,  each  delegation  to  be  as 
numerous  as  the  nation  sending  it  should  choose, 
but  entitled  to  only  one  voice  or  vote ; and  the 
reception  of  new  members  is  provided  for.  3d.  I 
have  mentioned  some  of  the  subjects  to  be  discussed, 
such  as  the  rights  of  belligerents  toward  each  other, 
and  the  possibility  of  lessening  the  physical  evils  of 
war.  4th.  I have  treated  of  the  rights  of  belligerents 
toward  neutrals,  which  should  be  clearly  defined ; and, 
5th,  the  rights  of  neutrals  established  and  enlarged. 
6th.  I have  also  touched  on  some  principles  of  a civil 
nature,  which  might  be  settled  by  this  Congress  of 
Nations. 

II.  1st.  I have,  secondly,  given  my  views  of  a 
Court  of  Nations  organized  by  the  Congress,  for  the 
peaceful  adjudication  of  such  international  disputes  as 
should  be  referred  to  it  by  the  mutual  consent  of  any 
two  or  more  contending  nations ; and,  2d,  I have  given 
some  examples,  taken  from  both  ancient  and  modern 
history,  of  institutions  somewhat  similar  to  a Congress 
and  Court  of  Nations,  among  which,  I dwelt  particu- 
larly on  the  Congress  of  Panama,  and  showed  the 
reasons  of  its  failure  — reasons  not  likely  to  occur 
again ; and,  3d,  I have  given  an  account  of  some  of 
the  attempts  of  private  individuals  and  peace  societies 
to  call  the  attention  of  mankind  to  this  subject. 

III.  1st.  I have  also  stated  the  common  objections 
which  are  raised  against  a Congress  or  Court  of 
Nations,  and  have  endeavored  to  answer  them ; and 


129 


CONGRESS  OF  NATIONS. 


637 


have,  2d,  stated  some  of  the  reasons  which  we  have 
to  hope  that  this  plan  will,  at  no  distant  day,  be 
carried  into  effect ; and,  3d,  have  endeavored  to  show 
a few  of  the  benefits  which  would  accrue  from  it. 
4th.  I have  shown  the  means  by  which  this  great 
work  may  be  accomplished;  and,  5th,  produced  a 
few  of  the  arguments,  to  show  that  it  is  the  duty  of 
every  man  to  do  all  he  can,  to  assist  in  bringing  it 
forward. 

IV.  In  conclusion,  I would  only  remark,  that  if  we 
have  done  no  other  good,  by  procuring  and  publishing 
these  Essays,  we  have  set  up  a landmark,  for  the 
guidance  of  those  who  may  succeed  us.  When  the 
American  Peace  Society  first  entered  on  this  work, 
there  were  only  two  Essays  in  the  whole  world  on  the 
subject,  viz.,  Penn’s  and  St.  Pien’e’s,  both  very  meagre, 
crude  and  undigested.  Beside  these,  we  had  only  what 
could  be  gathered  from  Sully’s  account  of  the  Great 
Scheme  of  Henry  IV.  Now  within  these  ten  years, 
there  have  been  about  fifty  dissertations  written, 
many  lectures  delivered,  and  petitions  presented  to 
State  legislatures,  and  resolutions,  favorable  to  the 
plan,  passed.  Petitions  have  also  been  presented  to 
the  American  congress,  with  a report  on  them  widely 
circulated,  and  a petition  to  the  British  parliament ; 
and  the  subject  has  been  much  discussed,  both  in 
public  and  private,  and  there  has  been  evidently  a 
great  advance  in  public  opinion,  in  favor  of  the  plan, 
which  needs  only  to  be  fully  and  extensively  under- 
stood to  insure  its  adoption  by  all  the  enlightened 
nations  of  Christendom  ; which  adoption  will  insure 


638 


CONGRESS  OF  NATIONS. 


130 


the  extension  of  Christendom  to  the  earth’s  remotest 
bounds.  Finally,  to  adopt  the  language  of  St.  Pierre, 
at  the  close  of  his  Dissertation,  “We  cannot,  indeed, 
take  upon  us  to  say  that  the  sovereigns  of  Europe 
[and  the  republics  of  America]  will  actually  adopt 
our  plan,  but  we  can  safely  say,  that  they  would  adopt 
it,  if  they  only  knew  their  own  true  interests ; for  it 
should  be  observed,  that  we  have  not  supposed  men 
to  be  such  as  they  ought  to  be,  good,  generous,  and 
disinterested,  and  public  spirited,  from  motives  of 
humanity ; but,  on  the  contrary,  such  as  they  really 
are,  unjust,  avaricious,  and  more  solicitous  for  their 
private  interest,  than  for  the  public  good.  The  only 
supposition  which  we  have  made  is,  that  mankind 
have  sense  enough,  in  general,  to  know  what  is  use- 
ful to  them,  and  fortitude  enough  to  embrace  the 
means  of  their  own  happiness.  Should  our  plan, 
nevertheless,  fail  of  being  put  into  execution,  it  will 
not  be  because  it  is  chimerical,  but  because  the 
world  is  absurd ; and  there  is  a kind  of  absurdity  in 
being  wise  among  fools.” 


APPENDIX. 


No.  1. 

Extracts  from  the  “ Speech  of  Don  Manuel  Lorenzo  Vidaurre,  Minister 
from  Peru,  at  the  opening  of  the  American  Congress  of  Panama,  on 
the  of  June,  1826.” 

This  day,  the  great  American  Congress,  which  is  to  be  a council  in 
the  hour  of  conflict,  the  faithful  interpreter  of  treaties,  a mediator  in 
domestic  contentions,  and  which  is  charged  with  tlie  formation  of  our 
new  body  of  international  law,  has  been  organized  and  invested  with 
all  the  powers  competent  to  attain  the  important  and  dignified  end  for 
which  it  is  convoked.  All  the  precious  materials  are  prepared  to  our 
hand.  A world  regards  our  labors  with  the  deepest  attention.  From 
the  most  powerful  monarch,  to  the  humblest  peasant  of  the  Southern 
continent,  no  one  views  our  task  with  indifference.  This  will  be  the 
last  opportunity  for  the  attempt  to  prove  that  man  can  be  happy.  Let 
us,  then,  proudly  stand  forth  tlie  representatives  of  millions  of  freemen, 
and,  inspired  with  a noble  complacency,  assimilate  ourselves  to  the 
Creator  himself,  when  he  first  gave  laws  to  the  universe. 

Animated  with  celestial  fire,  and  looking  steadily  and  with  reverence 
to  the  Author  of  our  being,  difficulties  the  most  appalling  shrink  into 
insignificance.  The  basis  of  our  confederation  is  firm : Peace  unth  the 
whole  tvorld;  respect  for  European  governments,  even  where  their 
political  principles  are  diametrically  opposed  to  those  acknowledged  in 
America ; free  commerce  with  all  nations,  and  a diminution  of  imposts 
on  the  trade  of  such  as  have  acknowledged  our  independence ; religious 
toleration  for  such  as  observe  different  rites  from  those  established  by 


640 


APPENDIX. 


132 


our  constitution.  How  emphatically  are  we  taught  by  the  blood  which 
fanaticism  has  spilt,  from  the  time  of  the  Jews  to  tlie  commencement 
of  the  present  century,  to  be  compassionate  and  tolerant  to  all  who 
travel  to  the  same  point  by  different  paths.  Let  the  stranger,  of  what- 
ever mode  or  faith,  come  hither ; he  shall  be  protected  and  respected, 
unless  his  morals,  the  true  standard  of  religion,  be  opposed  to  the 
system  given  us  by  the  Messiah.  Let  him  come  and  instruct  us  in 
agriculture  and  the  arts.  Let  the  sad  and  abject  countenance  of  the 
poor  African,  bending  under  the  chains  of  rapacity  and  oppression,  no 
longer  be  seen  in  these  climes  ; let  him  be  endowed  with  equal  privi- 
leges with  the  wdiite  man,  whose  color  lie  has  been  taught  to  regard  as 
a badge  of  superiority ; let  him,  in  learning  that  he  is  not  distinct  from 
other  men,  learn  to  become  a rational  being. 

As  respects  ourselves,  two  dangers  are  principally  to  be  avoided. 
The  desire  of  aggrandizement  in  one  state  at  the  expense  of  another, 
and  the  possibility  that  some  ambitious  individual  will  aspire  to  enslave 
and  tyrannize  over  liis  fellow-citizens.  Both  of  these  are  as  much  to 
be  apprehended,  as  the  weak  efforts  of  the  Spaniards  are  to  be 
contemned.  Human  passions  will  always  operate,  and  can  never  be 
extinguished ; nor,  indeed,  should  we  wish  to  stifle  them.  Man  is 
always  aspiring,  and  never  content  with  present  possessions ; he  has 
always  been  iniquitous,  and  can  we  at  once  inspire  him  with  a love  of 
justice  ? I trust  ive  can.  He  has  had  a dire  experience  of  the  ravages 
which  uncontrolled  passion  has  caused. 

Sully  and  Henry  IV  projected  a tribunal  which  should  save  Europe 
from  the  first  of  these  calamities.  In  our  own  day,  Gordon  has  written 
a treatise  on  the  same  subject.  This  assembly  realizes  the  laudable 
views  of  tlie  king  and  the  philosopher.  Let  us  avoid  war,  hy  a common 
and  uniform  reference  to  negotiation. 

Above  all,  let  us  form  one  family,  and  forget  the  names  of  oux 
respective  countries  in  the  more  general  denomination  of  brothers ; let 
us  trade  without  restrictions, — without  prohibition, — let  articles  of 
American  growth  be  free  from  duty  in  all  our  ports — let  us  give  each 
other  continual  proofs  of  confidence,  disinterestedness  and  true  friend- 
ship ; let  us  form  a body  of  public  law,  which  the  civilized  world  may 
admire  ; in  it,  a wrong  to  one  state  sliall  be  regarded  as  an  injury  to  all, 
as  in  a well-regulated  community,  injustice  to  an  individual  concerns 
the  rest  of  the  republic.  Let  us  solve  the  problem  as  to  the  best  of 
governments.  The  form  which  we  adopt,  securing  to  individuals  all 
possible  benefit,  and  to  the  nation  tlie  greatest  advantages,  is  that  whicli, 
beyond  doubt,  reaches  the  greatest  felicity  of  which  human  nature  is 
susceptible,  the  highest  perfection  of  human  institutions. 


133 


APPENDIX. 


641 


And  when  our  labors  are  concluded,  let  us  return  to  our  homes,  and, 
surrounded  by  our  children  and  grandchildren,  let  us  select  the  youngest 
of  those  beloved  objects,  and  uplifting  it,  a fit  offering  to  the  Supreme 
Being,  teach  it  in  tender  accents  to  give  thanks  for  the  inestimable 
benefits  we  have  received.  Let  the  Greek  celebrate  his  exploits  in 
leaving  Troy  in  ashes ; the  representative  of  the  American  Republics 
will  boast  of  having  promulgated  laws,  which  secure  peace  abroad  as 
well  as  the  internal  tranquillity  of  the  states  that  now  confederate. 


No.  2. 

First  Petition  to  the  Legislatiire  of  Massachusetts. 

The  following  Petition  was  presented  to  the  Senate  of  Massachusetts, 
by  the  Hon.  Sidney  Willard,  February  6,  1835 : 

To  the  Senate  and  House  of  Representatives  of  the  Commonwealth 
of  Massachusetts,  in  General  Court  convened,  on  the  first  Wednesday 
of  January,  A.  D.,  1835. 

The  Petition  of  the  subscribers  humbly  shows : that,  a proposition 
having  been  laid  before  a very  large  and  respectable  portion  of  the 
community,  in  relation  to  a reference  by  the  Peace  Societies  to  the 
attention  of  Congress  on  the  subject  of  an  Abolition  of  War,  by 
devising  suitable  means  for  the  references  of  all  international  disputes 
to  a Court  of  Nations,  to  be  established  either  permanently  or  other- 
wise, in  such  form  and  manner  as  the  best  counsel  and  wisdom  of  the 
several  nations  may  hereafter  deem  proper  to  adopt ; which  proposition, 
it  appears,  had  received  the  countenance,  and  the  signatures  in  its 
favor,  of  several  thousand  individuals,  in  this  and  other  States,  among 
whom  are  many  of  our  fellow-citizens  of  eminent  rank,  talent,  and 
character,  those  also  of  all  classes  and  professions  in  the  community, 
of  all  political  parties,  and  of  every  religious  denomination : the  sub- 
scribers, deeply  impressed  with  a consideration  of  the  burdensome 
expense,  the  moral  corruption,  the  manifold  crimes,  the  private  sulfering, 
and  the  public  calamities  incurred  by  war ; considering  it  inconsistent 
with  the  spirit  of  Christianity,  injurious  to  the  physical,  moral,  social, 
and  religious  condition  of  the  community,  productive  of  immense  evils, 
and  subversive,  in  many  respects,  of  the  best  interests  of  mankind ; 
lamenting  the  insensibility  which  habit  and  education  have  induced 
with  respect  to  this  custom ; believing  the  decision  of  international 
disputes  on  principles  of  equity,  without  an  appeal  to  arms,  to  be 
81 


642 


APPENDIX. 


134 


dictated  by  enlightened  reason,  demanded  by  Christian  duty,  com- 
mended by  every  consideration  of  self-interest,  and,  therefore,  loudly 
called  for  by  the  voice  of  wisdom ; and  seeing  the  steps  now  taking 
by  eminent  philanthropists,  statesmen,  and  others,  in  Great  Britain,  and 
on  the  continent  of  Europe,  to  cooperate  with  the  citizens  of  the  United 
States,  in  relation  to  such  measures  as  may  be  deemed  expedient  and 
practicable,  to  procure  its  abolition;  wishing  to  awaken,  yet  more 
widely  and  effectually,  the  attention  of  tlie  public  to  its  baneful  influ- 
ence on  the  agricultural,  the  commercial,  and  the  manufacturing  inter- 
ests, and  on  the  progress  of  civilization,  arts,  sciences,  and  religion ; 
desirous  of  investigating  the  means  best  adapted  for  the  promotion  of 
permanent  and  universal  peace,  and  of  establishing  the  conviction  that 
the  highest  dignity  of  a people  results  from  the  exercise  of  impartial 
justice  towards  all  nations,  and  that  the  highest  happiness  of  a com- 
munity can  he  attained  only  by  cherishing  the  spirit  and  virtues  of 
peace  ; in  a word,  considering  it  of  the  utmost  importance  to  the  best 
interests  of  humanity,  civilization,  and  improvement,  that  some  mode 
of  just  arbitration  should  be  established  for  the  amicable  and  final 
adjustment  of  all  international  disputes,  instead  of  an  appeal  to  arms, 
request  the  attention  of  your  honorable  body  to  tliis,  as  we  deem,  highly 
important  subject,  in  order  that  such  steps  may  be  taken  in  relation 
thereto,  as  may  appear  best  adapted  to  promote  the  end  in  view. 

Thomas  Thompson,  Jr., 

Wm.  Ladd,  Gen.  Jigent  of  Ji.  P.  S. 


No.  3. 


Report  on  the  foregoing  Petition. 

ffiommontoealtj)  of  iUassacfjusetts. 

The  Committee  of  the  Senate,  to  whom  was  referred  the  Petition  of 
Thomas  Thompson,  Jr.,  and  Wm.  Ladd,  General  Agent  of  the 
American  Peace  Society,  report  : 

That  they  have  considered  said  petition,  which  sets  forth  that  several 
thousand  persons  in  this  Commonwealth  and  other  States,  have  signed 
a proposition  calling  on  the  peace  societies,  at  a suitable  tune,  to  pre- 
sent petitions  to  Congress,  praying  that  measures  may  be  taken,  in 
connection  with  other  governments,  to  refer  all  international  disputes 
to  a Court  of  Nations,  with  a view  to  prevent  a resort  to  war,  for  the 


135 


APPENDIX. 


643 


obtaining  of  alleged  rights,  or  the  reparation  of  injuries.  The  peti- 
tioners enumerate  several  of  the  prominent  evils  of  war,  evils  which 
can  hardly  be  exaggerated,  and  request  the  attention  of  the  General 
Court  to  the  subject,  “ in  order  that  such  steps  may  be  taken  in  relation 
thereto  as  may  appear  best  adapted  to  promote  the  end  in  view.” 

The  Committee,  during  the  interval  which  has  elapsed  since  the 
petition  was  referred  to  them,  have  taken  a deep  interest  in  the  subject 
of  it;  but  they  have  felt  embarrassed  by  tliat  diffidence  whicli  lays  its 
restraints  upon  all  men  who  are  not  marked  out  by  their  constitutional 
temperament  for  reformers,  and  who  are  placed  in  such  a novel  situa- 
tion, when, — from  the  humble  beginnings  of  small  associations,  scat- 
tered in  different  territories  of  the  civilized  parts  of  the  earth,  toiling 
and  praying  for  the  peace  of  nations, — tliey  have  looked  forward  to  the 
glorious  consummation  devoutly  wished,  and  confidently  expected,  at 
some  period  of  the  world’s  eventful  history. 

The  Committee  are  fully  persuaded  tliat  pacific  principles  are  gaining 
ground.  Mankind  are  more  and  more  convinced,  fhat  wars  are  gener- 
ally waged,  not  only  without  necessity,  but  even  in  defiance  of  wisdom 
and  humanity.  They  are  more  and  more  inclined  to  believe  that  some- 
thing founded  in  the  pride,  or  ambition,  or  deep-laid  policy  of  rulers,  is 
commonly  the  great  stake,  rather  than  the  interests  of  their  subjects. 
And  finding  that  the  objects  lield  out  as  pretexts  for  hostilities  are 
rarely,  if  ever,  accomplished,  or,  if  gained,  at  a sacrifice  with  which  the 
amount  of  the  benefit  sinks  to  nothing  in  comparison ; just  views  of  tlie 
interests  of  man  are  leading  the  more  intelligent  to  count  the  cost  of 
these  great  games  of  princes  and  statesmen,  which  are  played  at  infinite 
expense, — expense  not  only  of  individual  and  national  wealth,  but  of 
domestic  happiness  and  of  public  morals, — and  above  all,  expense  of 
human  life,  tlie  value  of  which  is  not  a subject  for  computation. 

It  is  thought  by  the  Committee,  that  the  appointment  of  some  umpire, 
either  temporary  or  permanent,  by  which  disputes  between  nations  may 
be  decided,  is  by  no  means  a visionary  project.  Such  an  umpire  can 
certainly  be  designated,  whenever  public  opinion,  in  civilized  nations, 
shall  be  sufficiently  enlightened  to  sanction  it.  It  is  already  embraced 
in  the  views  of  our  extending  peace  societies,  in  tlie  discussions  and 
lectures  of  our  lyceums,  in  the  debates  of  our  academic  halls ; and  it 
is  believed  that  the  Legislature  of  this  Commonwealth  would  not  go 
far  in  advance  of  public  opinion,  by  some  declarative  act  favorable 
to  this  pacific  mode  of  terminating  the  controversies  of  nations.  Such 
a declaration  would  at  least  be  harmless ; and  no  man  of  high  moral 
feeling  or  moral  courage  can  hesitate  how  to  act,  when  the  alternative 
presented  is,  on  the  one  hand,  the  possibility  of  accomplishing  an 


644 


APPENDIX. 


136 


incalculable  public  good,  and  on  the  other,  nothing  but  the  danger  of 
encountering  the  chilling  incredulity  or  heartless  raillery  of  tliose  who 
do  not  know  how  to  appreciate  liis  motives. 

If  we  may  reason  from  tlie  less  to  tlie  greater,  from  plans  well  known, 
and  already  tried  with  success,  to  those  which  have  not  been  attempted 
on  a more  comprehensive  system,  and  which  may  prove  more  complex 
in  their  operations,  such  an  umpire  as  has  been  suggested  is  not 
impracticable.  It  is  no  novelty  in  a limited  sphere.  It  is  as  old  as  the 
Amphictyonic  Council,  which  came,  in  its  progress,  to  embrace  deputies 
from  thirty-one  cities  or  states ; a council  whose  decisions  upon  the 
disputes  between  the  cities  of  Greece  were  for  a time  sacredly  and 
inviolably  regarded.  And,  in  modern  times,  the  Swiss  cantons,  with 
their  variety  of  nations  and  languages,  of  manners,  of  religion,  espe- 
cially of  tlie  two  great  antagonist  divisions,  Catholic  and  Protestant, 
and  of  governments,  too,  from  umnixed  democracy  to  stern  aristocracy, 
liave,  by  tlieir  Diet,  or  Court  of  Ambassadors,  preserved  among  the 
members  of  the  confederacy  tliat  uniform  peace  and  resistance  to 
foreign  aggression,  for  which  tlie  union  of  those  two  and  twenty 
independent  states  was  fonned. 

If  a public  attempt  is  ever  to  be  made  to  bring  war  into  discredit, 
and  to  devise  some  amicable  mode  of  settling  disputes  between  nations, 
it  may  be  well  now  for  some  public  body  to  feel  the  way.  And  no  where 
can  this  beginning  be  more  suitable  tlian  in  Massachusetts.  It  is  in 
this  Commonwealth,  if  we  except  the  Friends  or  Quakers,  that  the 
earliest  and  most  unintorniitted  efforts  have  been  made  to  diffuse  the 
principles  of  universal  peace.  The  Massachusetts  Peace  Society  is 
looking  to  us  for  encouragement.  The  trustees,  in  their  recent  report, 
after  alluding  to  the  motion  made  last  year  in  the  Legislature,  recom- 
mending a Court  of  Nations  for  the  securing  permanent  peace,  add, 
“ Should  the  measure  be  renewed  at  the  present  session,  and  meet  with 
success,  we  shall  hail  it  as  a most  felicitous  and  honorable  event.”  It 
is  a small  boon  that  they  ask  at  our  hands.  They  assume  the  labor  ; 
they  entreat  from  us,  who  cannot  but  have  the  same  noble  purpose  at 
heart,  to  speak  an  approving  word.  They  will  be  satisfied  with  a simple 
declaration,  sucli  as  the  Committee  are  about  to  propose ; sucli,  as  it  is 
presumed,  will  not  be  witlilield. 

If  we  are  asked  wliat  effects  are  to  flow  from  tliis  measure,  we 
answer.  It  will  show  the  people  of  tliis  Commonwealth,  that  when 
solicited  to  express  an  opinion  upon  a great  national  subject  of  vital 
concern,  a subject  which  can  e.xcite  no  conflict  of  party  passions,  we 
do  not  turn  a deaf  ear  to  the  call ; that  we  do  not  maintain  a heartless 
silence,  but  return  a kind  and  generous  response  to  the  voice  of  those 


137 


APPENDIX. 


645 


noble  philanthropists  who  would  save  mankind  from  evils,  into  which 
those  in  times  gone  by  have  rushed  headlong,  and  which  they  have 
been  obliged  to  rue  when  it  was  too  late  to  escape  them. 

We  may  hope  tliat  an  example  so  inblfensive,  so  reasonable,  so  well 
intended,  aiming  at  the  highest  interests  of  humanity,  “Peace  on  earth 
and  good-will  to  men,”  will  not  be  overlooked;  tliat  it  will  be  followed 
by  other  States,  and  when,  in  this  way,  a wider  influence  shall  be  pro- 
duced upon  public  opinion,  may  it  not  be  hoped  tliat  tlie  object  will  be 
recommended  with  such  power  to  the  general  government,  as  to  lead 
to  salutary  action,  resulting  through  its  negotiations  with  other  powers, 
in  more  benevolent  and  well-defined  principles  of  international  law, 
tending  to  cut  off"  many  of  the  occasions  of  national  conflicts,  and,  if 
not  to  put  a final  period  to  wars,  at  least  to  disarm  them  of  some  of 
their  horrors  ? With  this  brief  and  very  imperfect  view  of  the  subject, 
the  Committee  unanimously  recommend  the  following  resolutions  for 
the  adoption  of  the  Legislature. 

Sidney  Wildard,  ^ 

Daniel  Messinger,  V Committee. 

Ephraim  Hastings,  } 

©ommontoealtl)  of  iUassacJjusetts. 

In  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-five. 

Resolved,  That  in  the  opinion  of  this  Legislature,  some  mode  should 
be  established  for  the  amicable  and  final  adjustment  of  all  international 
disputes,  instead  of  resort  to  war. 

Resolved,  That  the  Governor  of  this  Commonwealth  be  requested  to 
communicate  a copy  of  the  above  report  and  of  the  resolutions  annexed, 
to  the  Executive  of  each  of  tlie  States,  to  be  laid  before  the  Legislature 
thereof,  inviting  a cooperation  for  the  advancement  of  the  object  in 
view. 


No.  4. 

To  the  Honorable  Senate  and  House  of  Representatives  of  the  Common- 
ivealth  of  Massachusetts  m General  Court  convened  on  the  first  Wed- 
nesday of  January,  A.  D.,  1837. 

The  memorial  of  the  undersigned  liumbly  shows, — That  a proposition 
iiaving  been  by  him,  sometime  since,  suggested  in  favor  of  calling  the 
attention  of  Congress  or  inviting  that  of  the  head  of  the  Executive 


646 


APPENDIX. 


138 


Government  of  the  Union,  in  concert  with  such  other  governments  as 
may  see  fit  to  unite  in  counsel  with  the  United  States,  for  tlie  establish- 
ment of  a Congress  or  Court  of  Nations,  either  permanent  or  otherwise, 
in  such  form  and  manner  as  the  best  counsel  and  wisdom  of  the 
several  nations  may  deem  proper  to  adopt,  or  for  considering  such 
measures  as  may  be  deemed  most  suitable  for  devising,  if  possible, 
and  introducing  as  far  as  may  be  practicable,  some  other  system  of 
arbitration  for  the  settlement  of  international  disputes,  which  shall  be 
more  congenial  witli  the  intellectual,  moral,  and  religious,  as  well  as 
tlie  pliysical  advancement  of  the  age,  than  an  appeal  to  anns,  a custom 
now  beginning  to  be  very  generally  considered  by  the  enlightened  of 
all  civilized,  and  more  especially  all  Christian  communities,  as  a relic 
of  barbarism,  and  as  always  uncertain  and  wholly  inadequate  to  the 
speedy,  just,  and  full  redress  of  grievances;  which  proposition  has 
received  the  countenance  and  the  signatures,  in  its  favor,  of  a great 
number  of  individuals  eminent  in  rank,  talent,  and  character,  both  in 
this  and  other  States,  and  also  those  of  all  classes  and  professions,  of 
ditferent  political  parties,  and  of  every  religious  denomination : believ- 
ing a state  of  society  has  developed  itself  in  tlie  United  States,  and 
also  in  some  of  the  more  enlightened  and  republican  nations  of  Europe, 
of  the  existence  of  which  the  governments  of  the  respective  countries 
have  not,  by  any  acts  in  conformity  tliereto,  appeared  to  be  aware,  and 
for  which  no  adequate  preparation,  nor  any  appropriate  change  in  the 
existing  state  of  things  has  yet  been  made ; a state  of  society  by  which, 
it  appears  to  your  memorialist,  tlie  present  age  is  strongly  marked,  and 
whose  features  distinguish  it  most  clearly  and  prominently  from  all 
preceding  times ; a state  of  society  in  wliich  national  wealth  is  no 
longer  obtained  by  conquest,  the  precarious  acquisition  of  some  bold, 
restless  and  ambitious  military  chieftain,  but  by  the  private,  individual 
exertion  of  the  intelligence,  industry  and  activity  of  the  citizens  at 
large,  in  the  pursuit  of  their  several  peaceful  professions  and  occupa- 
tions ; a state  of  society  wliich,  differing  so  widely  and  so  totally  in  all 
its  ways  and  all  its  wants  from  that  preceding  it,  cannot  be  adequately 
fostered,  provided  for  and  protected  by  those  institutions  and  laws 
which  were  instituted  and  enacted  for  the  regulation,  government,  and 
well-being  of  communities,  so  widely  diflering  in  circumstances  and 
resources,  where  might  constitutes  the  only  effective  right,  where 
stealth  was  countenanced  by  law,  when  the  sword  occupied  the  place 
of  the  batoon,  and  the  strong  arm  was  the  only  avenger:  seeing  in  the 
present  state  of  things  a change  so  marked,  and  indeed  so  radical  and 
apparently  so  permanent  a revolution,  requiring  at  least  some  modifica- 
tion of  those  rules  and  regulations  which  were  enacted  with  not  the 


139 


APPENDIX. 


647 


most  remote  anticipation  of  the  now  existing  actual  condition  of  a very 
large  and  continually  increasing  portion  of  society,  a community  em- 
bracing the  farmer,  the  manufacturer,  the  merchant,  the  mechanic,  the 
trader,  not  to  name  more  particularly  the  various  liberal  professions  and 
many  other  minor  classes  of  citizens,  all  peacefully,  privately,  actively, 
and  usefully  engaged  in  those  various  individual  employments  which 
tend  so  directly  and  so  effectually  to  promote,  establish  and  extend 
that  highly  cultivated  and  refined  state  of  civilization,  so  powerfully 
promotive  of  the  useful  arts  and  sciences  and  all  the  higher  interests  of 
man,  and  whose  development  can  only  be  effectually  attained  where 
man  is  in  the  enjoyment  of  perfect  freedom,  equal  rights,  and  peace : 
considering  the  many  deep-rooted,  and  wide-spread  evils  of  war,  its 
invariably  adverse  bearing  on  the  best  interests  of  mankind,  undermin- 
ing the  physical,  moral,  social  and  religious  condition  of  the  commu- 
nity, imposing  the  most  burdensome  expense,  introducing  the  darkest 
crimes,  extending  the  deepest  corruption,  creating  tlie  keenest  individ- 
ual suffering,  social  miseries,  and  public  calamities : perceiving  the 
growing  disinclination  to  all  acts  of  brutal  violence,  the  enlightened 
opposition  already  made  by  associated  individuals,  incorporated  public 
bodies,  and  various  legislative  and  executive  authorities,  not  only  in 
the  United  States  but  also  in  many  parts  of  Europe,  to  the  outbreaking 
of  popular  violence,  the  sanguinary  indulgence  of  private  passion,  and 
even  the  inexpedient  secret  arming  of  individuals  for  the  real  or 
declared  purpose  of  self-defence,  and  remarking,  also,  the  highly  hon- 
orable attitude  assumed  by  the  public  press  in  various  parts  of  this  and 
other  countries  in  favor  of  peace : regretting,  and  desirous,  if  possible, 
to  remove,  the  widely  prevailing  insensibility  to  the  futility,  inexpedi- 
ency, and  folly  of  war,  an  insensibility  induced  only  by  the  combined 
effect  of  erroneous  principles  of  instruction,  long  prevalent  custom  and 
utter  want  of  due  reflection:  believing  the  introduction  of  some 
system  for  the  equitable  settlement  of  international  disputes,  without  an 
appeal  to  arms,  when  once  sanctioned  by  the  popular  favor,  to  be  per- 
fectly practicable,  as  much  so  as  any  at  present  in  existence,  for  the 
legal  decision  of  disputes  between  individuals,  incorporated  bodies, 
towns,  districts  and  states ; and,  being  thus  practicable,  to  be  demand- 
ed by  the  voice  of  common  humanity,  by  the  dictates  of  enlightened 
I'eason,  by  the  obligations  of  Christian  duty,  by  the  prompting  of  self- 
interest  and  by  considerations  of  public  good : being  informed  of  the 
inclination  and  exertions  of  many  distinguished  philanthropists,  schol- 
ars, statesmen  and  others  in  Great  Britain  and  on  the  continent  of 
Europe,  to  cooperate  with  the  friends  of  peace  in  the  United  States  for 
the  adoption  of  such  measures  as  may  appear  to  he  most  expedient  and 


648 


APPENDIX. 


140 


practicable  for  tlie  introduction  of  some  system  of  arbitration  instead 
of  an  appeal  to  arms : desirous  of  calling  the  attention  of  the  public, 
and  of  our  several  state  and  general  governments,  more  immediately 
and  etfectually  to  this  subject,  in  order,  from  a consideration  of  the 
baneful  influence  of  war  on  tlie  agricultural,  commercial,  manufacturing 
and  various  mechanic  interests,  on  the  progress  of  civilization,  arts, 
sciences  and  religion,  the  extensive  acquisition  of  national  wealth,  and 
tlie  secure  enjoyment  of  the  fruits  of  private  industry,  to  extend  and 
strengthen  a conviction,  that  the  highest  dignity  of  a people  results 
from  the  exercise  of  impartial  justice  towards  all  nations ; and  the 
highest  happiness  of  a community  can  be  attained  only  by  cherishing 
the  spirit  and  virtues  of  peace : thus  proving  it  to  be  of  the  utmost 
importance  to  the  best  interests  of  civilization,  freedom,  human  im- 
provement, and  the  refinements  of  social  life,  to  establish  some  mode 
of  just  arbitration,  for  the  amicable  and  final  adjustment  of  all  interna- 
tional disputes,  instead  of  an  appeal  to  aims : Your  memorialist  requests 
the  attention  of  your  honorable  body  to  this,  as  he  deems  it,  and  as  he 
has  reason  to  believe,  the  great  body  of  the  people,  not  only  of  this 
State  and  the  other  members  of  our  confederacy,  but  those  of  other 
countries,  also,  think  it  to  be,  highly  important  subject,  in  order  that 
such  steps  may  be  taken  in  relation  thereto  as  may  appear  to  be  best 
adapted  to  promote  the  end  in  view. 

Thomas  Thompson,  Jr. 

House  of  Representatives,  Feb.  18,  1837. — Referred  to  the  special 
committee  on  the  subject  thereof  sent  up  for  concurrence. 

L.  S.  Cushing,  Clerk. 

Senate,  Feh.  20, 1837. — Concurred. 

Charles  Calhoun,  Clerk. 


No.  5. 

Pefition  of  the  Executive  Committee  of  the  Massachusetts  Peace  Society. 

To  the  Honorable  Senate  and  House  of  Representatives  of  the 
Commonwealth  of  Massachusetts  in  General  Court  assembled : — The 
memorial  of  the  undersigned,  members  of  the  Executive  Committee  of 
the  Massachusetts  Peace  Society,  respectfully  shows : 

That  the  Society  which  we  represent  has  existed  for  upwards  of 
twenty  years,  and  has  comprised  a considerable  pumber  of  the  citizens 


141 


APPENDIX. 


649 


of  this  Commonwealth,  some  of  whom  have  been  distinguished  for 
elevated  stations  in  the  community,  for  talent,  benevolence  and  re- 
spectability of  character,  who  have  associated  themselves  together  with 
the  design  of  abolishing,  by  moral  means,  one  of  the  greatest  evils  of 
the  human  race — the  practice  of  national  war.  They  have  been 
encouraged  in  the  promotion  of  this  design,  by  the  full  belief  that  war 
does  not  occur  from  any  natural,  or  irresistible  necessity,  but  entirely 
from  the  excited  passions,  mistaken  interests,  and  deep  delusions  of 
nations,  and  may  therefore  be  prevented  by  moral  influence  and  expo- 
sition judiciously  applied  so  as  to  enlighten  the  reason  and  consciences 
of  men.  In  these  sentiments,  and  corresponding  conduct,  they  have 
received  the  full  concurrence  of  other  similar  institutions  in  the  United 
States  and  foreign  countries. 

Among  the  various  measures  which  have  been  proposed  for  checking 
the  spirit  and  practice  of  war,  a prominent  place  has  been  given  to  the 
idea  of  an  international  Congress  or  Court,  composed  of  delegates  from 
all  the  civilized  foreign  powers,  which  should  consider  and  determine 
the  disputed  questions  arising  between  them,  in  cases  which  have 
hitherto  been  supposed  to  require  an  appeal  to  arms,  and  the  award  of 
which  should  be  considered  as  binding,  in  honor,  on  the  disputing 
parties.  This  project  has  occupied  the  attention  of  our  Society  for  a 
long  time,  and  a proposition,  comprising  it,  has  been  extensively  pre- 
sented to  individuals  of  all  ranks  and  classes  in  tliis  State,  by  whom  it 
has  been  almost  unanimously  and  readily  accepted.  It  was  our 
intention  to  have  submitted  this  proposition,  and  our  views  upon  it,  to 
the  government  of  the  United  States,  but  having  recently  learned,  that 
your  honorable  bodies  have  referred  this  subject  to  a joint  committee, 
we  have  thought  that  an  expression  of  the  associated  friends  of  peace 
was  peculiarly  proper,  while  it  was  thus  under  consideration.  A 
meeting  of  the  Massachusetts  Peace  Society  has  accordingly  been 
held,  and  we,  their  Executive  Committee,  have  been  directed,  in  their 
name,  and  on  their  behalf,  to  offer  to  you  their  views  and  desires  on 
this  subject. 

In  the  execution  of  this  trust,  your  memorialists  deem  it  unnecessary 
to  lay  before  you  any  demonstration  of  the  immorality  and  the  misery 
of  war,  to  which  all  history  bears  ample  testimony,  and  of  which  you 
doubtless  are  fully  aware,  and  we  feel  confident  we  shall  address  none, 
who  do  not  sincerely  desire  its  extinction.  It  is  only  incumbent  on  us, 
to  present  to  you  the  views  of  our  Society  on  the  practicability  and 
efficacy  of  the  measure  now  proposed  for  that  purpose.  We  are 
enjoined  to  request  of  your  honorable  houses,  that  if  it  seems  meet  to 
you,  some  expression  of  opinion  may  be  made  by  you,  which  may  be 
82 


650 


APPENDIX. 


142 


communicated  to  the  President  of  United  States  conveying  the  desire 
that  he  would  open  a negotiation  with  other  foreign  powers,  for  the 
purpose  of  establishing,  by  their  general  consent,  some  such  impartial 
tribunal,  for  the  adjustment  of  international  differences,  as  we  have 
suggested. 

On  the  practicability  of  such  an  arrangement,  your  memorialists 
would  remark,  that  it  has  been  fully  discussed  in  the  assemblies  and 
publications  of  the  friends  of  peace,  and  has  been  very  generally 
determined  in  the  affirmative,  by  all  who  have  treated  it,  including 
many  minds  by  no  means  disposed  to  be  sanguine  or  visionary.  To 
this  we  may  add,  that  rational  governments  have  also  indicated  their 
approbation  of  the  principle  of  this  course,  by  submission  of  disputes 
to  other  governments  as  impartial  arbiters — a measure  to  which  our 
own  government  has  more  than  once  resorted. 

It  may  be  objected  to  the  object  of  our  solicitation,  that  it  would  not 
be  proper  for  the  legislature  of  this  or  any  other  State  to  make  any 
recommendation  on  a subject  of  foreign  polity,  which  is  considered  as 
belonging  exclusively  to  the  government  of  the  United  States.  On 
this  point,  your  own  wisdom  will  decide,  and  it  does  not  become  us  to 
offer  any  opinion ; we  may,  however,  be  pardoned  for  the  remark,  that 
we  cannot  think  such  an  application,  coming  in  a spirit  of  philanthropy 
from  so  respected  and  influential  a member  of  the  Union,  would  be 
regarded  as  improper  interference  with  the  prerogatives  of  the  general 
government ; nor  should  we  consider  tlie  negotiation  which  it  proposes 
hopeless  of  a favorable  result,  in  the  present  political  state  of  the  world, 
proceeding  from  a nation  whose  form  of  government  and  remoteness 
from  the  collisions  of  other  great  powers  would  preclude  all  suspicion 
of  sinister  motives. 

To  this — our  beloved  country — we  earnestly  desire  the  honor  of 
offering  to  the  world  this  truly  rational  policy,  which  a more  enlightened 
posterity  will  elevate  far  above  the  renown  of  violent  revolutions  and 
extensive  conquests,  and  to  our  own  Commonwealth,  to  which  has  been 
awarded  the  merited  reputation  of  advance  in  many  works  of  Christian 
benevolence,  we  would  hope  to  add  the  imperishable  glory  of  first 
pointing  out  the  merciful  refuge  of  peace. 

Respectfully  submitted  by  direction  of  the  Massachusetts  Peace 
Society. 


Charles  Lowell, 
Robert  Waterston, 
Baron  Stow, 

J.  V.  Himes, 


Thos.  Vose, 

J.  P.  Blanchard, 
Wm.  Brigham, 
Bradford  Sumner. 


143 


APPENDIX. 


651 


No.  6. 

Report  on  the  foregoing  Petitions. 

©ommontDcaltj)  of  iWassacfjusetts. 

In  Senate,  April  4,  1837. 

The  Joint  Special  Committee,  to  whom  was  referred  an  Order  of  the 
15th  ultimo,  for  the  consideration  of  the  expediency  of  memorializing 
Congress,  or  the  Executive  of  the  United  States,  on  tlie  subject  of 
opening  a negotiation  with  such  other  governments  as  may  be  deemed 
most  judicious,  with  a view  of  establishing  a Congress  or  Court  of 
Nations,  to  be  either  permanent  or  otherwise,  for  considering  such 
measures  as  may  he  deemed  most  suitable  for  devising  and  introduc- 
ing some  other  system,  more  congenial  with  the  moral  and  religious, 
as  well  as  physical  advancement  of  the  age,  than  an  appeal  to  arms, 
for  a redress  of  national  grievances ; and  to  whom,  also,  was  referred 
the  Memorials  of  Thomas  Thompson,  Jr.  and  the  Executive  Committee 
of  the  Massachusetts  Peace  Society,  in  reference  to  this  subject, 

REPORT : 

That  they  have  had  the  subject  under  consideration ; and,  after 
giving  it  that  attention  its  merits  appear  to  deserve,  have  become  deep- 
ly impressed  with  a full  conviction  of  the  highly  beneficial  results 
which  may  be  attained  by  the  prosecution  of  such  measures  as  are  now 
in  contemplation  ; and  freely  express  their  impression,  that  the  propo- 
sition, set  forth  in  the  order  and  memorials  referred  to  the  Committee, 
is  neither  visionary  in  theory,  unimportant  in  character,  nor  unattainable 
in  result ; but,  on  the  contrary,  appears  to  this  Committee  to  be  well 
deserving  the  countenance  and  cordial  support  of  every  friend  to  the 
stability  of  the  social  compact,  the  increase  of  national  wealth,  the 
advancement  of  civilization,  the  promotion  of  the  arts  and  sciences, 
the  extension  of  freedom,  the  security  of  constitutional  government, 
the  improvement  of  public  morals,  the  extension  of  the  Christian  faith, 
and  thus  to  the  general  welfare  of  mankind. 

In  arriving  at  this  result,  your  Committee  have  gone  over  a wide 
field  of  observation  and  inquiry. 

The  proposition  now  under  consideration,  however  novel  it  may 
appear  to  many,  has  been,  for  six  years  past,  a subject  of  interest, 
attention  and  discussion  in  this  community. 

It  appears,  from  well  authenticated  facts,  and  many  printed  and 
written  documents,  presented  by  the  memorialists  to  the  Committee, 
that  there  has  been  a very  wide  and  full  expression  of  sentiment  from 


662 


APPENDIX. 


144 


all  classes  of  the  community,  without  distinction  of  party,  sect  or  pro- 
fession, in  favor  of  the  measures  now  in  contemplation  in  reference  to 
a Congress  or  Court  of  Nations,  for  the  amicable  adjustment  of  inter- 
national disputes.  Among  those  who  have  given  their  signatures  in 
favor  of  the  proposition,  your  Committee  find  the  names  of  a great 
number  of  individuals  of  the  highest  rank  in  regard  to  social,  intellec- 
tual, moral,  political,  and  religious  attainment.  Among  them  are  some 
of  those  who  have  filled  the  highest  executive  and  judicial  offices  of 
this  Commonwealth  and  of  other  States,  many  of  the  most  eminent  of 
our  counsellors  and  statesmen ; and  the  clergy,  the  most  intelligent 
merchants,  manufacturers,  mechanics,  and  farmers,  also  masters  of 
vessels  appear  to  have  come  forward  in  bodies  to  enrol  their  names  in 
favor  of  tlris  cause.  In  our  colleges,  academies,  and  public  and  private 
schools,  its  reception  appears  to  have  been  equally  favorable ; presi- 
dents, professors,  tutors,  instructors,  and  the  students  of  the  higher 
classes  uniting  in  its  support;  in  furtherance  of  which,  it  appears, 
peace  societies  have  recently  been  formed  by  the  associated  instruc- 
ters  and  students  at  many  of  our  colleges  and  literary  institutions ; 
and  orations  and  other  exercises  on  this  topic  have  been  assigned  at 
commencement  and  on  other  occasions  ; and,  in  some  cases,  prizes  are 
statedly  assigned  and  medals  are  awarded  for  the  best  dissertations 
and  poems  on  the  subject  of  peace,  and  of  arbitration  as  a substitute 
for  an  appeal  to  arms.  Very  many  and  strongly  expressed  resolves 
have  been  passed  with  perfect  unanimity  in  a number  of  ecclesiastical 
and  lay  conventions,  associations,  conferences,  and  other  meetings. 
Indeed,  so  very  favorably  has  this  cause  been  received  by  the  com- 
munity at  large,  it  appears  tliat  there  are  about  a thousand  clergymen 
in  the  New  England,  Middle,  Western  and  Southern  States,  who  have 
given  their  names  pledging  themselves  to  preach  at  least  one  sermon 
every  year  on  this  subject;  and  it  is  introduced  in  lyceum  lectures 
and  discussions,  and  made  an  object  of  attention  in  Bible  classes,  and 
in  the  course  of  instruction  in  Sabbath  schools.  Many  of  the  most 
popular  and  talented  authors  have  proffered  their  services  in  the  pro- 
motion of  this  cause  ; and  Sabbath  school  books,  and  books  for  other 
schools  and  academies,  and  some  works  of  a still  higher  class,  having 
reference  to  its  promotion,  have  been  published,  as  is  shown  by  the 
memorialists,  not  only  in  several  of  the  New  England  States,  but  also 
at  the  South,  in  London,  Switzerland,  and  elsewhere.  It  appears, 
further,  from  facts  and  documents  presented  to  your  Committee  by  the 
memorialists,  an  extensive  correspondence  on  this  subject  has  been 
carried  on,  for  some  time  past,  between  societies  and  individuals  in 
various  parts  of  the  United  States.  Great  Britain,  France,  Switzerland, 


145 


APPENDIX. 


653 


Prussia,  Holland,  some  of  the  German  States,  and  elsewhere ; meetings 
have  been  held,  societies  formed,  addresses  made,  and  resolves  adopt- 
ed ; from  which  there  appears  to  be  a very  wide  spread  and  prevailing 
sentiment  in  favor  of  a general  cooperation  for  the  attainment  of  the 
great  and  all-important  design  of  substituting  arbitration  instead  of 
arms,  as  a last  resort,  for  the  decision  of  international  disputes.  Sev- 
eral of  the  courts  of  Europe  have  been  addressed  on  the  subject  of 
peace  by  the  Count  de  Sellon. 

Your  Committee  have  deemed  it  proper,  and,  indeed,  in  a degree, 
essential,  to  the  interests  of  this  cause,  to  give  the  foregoing  very  brief 
outline  of  the  facts  laid  before  them,  in  regard  to  the  state  of  feeling 
apparently  prevailing  in  the  community,  both  in  this  country  and 
abroad,  in  favor  of  some  action,  on  the  part  of  government,  for  the 
promotion  of  the  object  now  presented  to  view.  It  cannot  bo  denied, 
the  view  opens  a bright  field  of  intelligence  and  high  moral  feeling, 
unfolding  a wide  expanse  of  heart-cheering  philanthropy ; a field  ap- 
pearing already  ripe  for  the  harvest,  and  open  for  him  who  will,  to 
enter  in,  and  be  the  first  to  win  its  laurels,  to  pluck  its  rich  and  whole- 
some fruit,  and  gather  to  himself  a rich  store  of  present  fame,  future 
and  fair  renown,  and  a glory  which  shall  endure,  when  the  blood- 
stained laurels  of  the  offensive  warrior  shall  have  become  faded  and 
withered,  an  object  of  the  abhorrence  rather  than  the  veneration  of 
mankind. 

May  not  the  citizens  of  this  State,  and  of  these  United  States,  be 
justly  indulged  in  the  laudable  desire  of  seeing  one  of  their  own  chief 
magistrates  the  first  to  set  foot  on  this  thrice  consecrated  ground  ? 
May  they  not  pardonably  indulge  the  flattering  hope  to  see  the  name 
of  a president  of  this  republic  engraved  on  that  ever-enduring  and  con- 
secrated list,  where  stand,  and  will  for  ever  remain,  so  long  as  the 
memory  of  man  shall  endure,  the  names  of  Numa  Pompilius,  Francis 
the  first,  of  France,  Charles  the  fifth,  of  the  Low  Countries,  Cassar 
Maximilian  the  emperor,  Henry  the  eighth,  of  England,  W.  A.  Ciervier, 
John  Sylvagius,  chancellor  of  Burgundy,  Erasmus,  Fenelon,  Henry 
the  fourth,  of  France,  and  Charles  Irene  Castel  de  St.  Pierre.  If  the 
remembrance  of  these  names  is  cherished  by  the  enlightened  of  the 
present  day,  with  a feeling  approaching  to  veneration,  for  their  individ- 
ual efforts  in  the  cause  of  peace,  with  how  warm  and  heartfelt  an 
admiration  will  his  name  and  memory  be  embalmed  in  the  cherished 
recollection  of  a grateful  world,  whose  far-sighted  policy,  active  phi- 
lantliropy,  and  skilful  diplomacy,  shall  summon,  not  his  kindred,  not  his 
fellow-townsmen,  not  his  political  partisans  and  abettors,  not  the  imme- 
diate members  or  confederates  of  his  own  nation  merely,  but  the  great 


654 


APPENDIX. 


146 


family  of  nations,  to  meet  in  a friendly  council — an  august  assembly ! — 
to  consult  together  for  the  common  good,  to  promote  the  general  wel- 
fare of  mankind,  to  cause  the  sword  to  be  unsheathed,  the  bayonet  to 
be  unfixed,  and  to  bid  the  iron-tongued  artillery  no  longer  cause  the 
nations  to  quake  before  its  thunder.  Not  that  the  memorials  referred 
to  this  Committee  contemplate  the  total  discharge  of  your  navy,  the 
entire  dismantling  of  your  forts,  the  immediate  disbanding  of  your 
regular  troops,  or  the  disorganizing  of  your  militia.  The  sword  of 
justice  must  be  uplifted  still.  The  armed  police  of  nations  must 
remain  on  the  alert.  The  court-room  does  not  supersede  the  necessity 
of  the  watch-house.  Yet  the  trial  by  jury  has  superseded,  and  may 
well  supplant  the  trial  by  combat ; and  arbitration,  or  a Court  of 
Nations,  may  be  made  the  final  resort,  instead  of  an  appeal  to  arms. 

In  arriving  at  this  conclusion,  your  Committee  are  happy  in  finding 
tlie  opinion  they  have  been  led  to  adopt,  founded  on  the  result  of  their 
own  investigation,  supported  by  the  deliberately  and  publicly  expressed 
opinions  of  others,  for  whose  decision,  in  regard  to  a subject  of  this 
nature,  they  entertain  no  light  regard. 

At  a former  session  of  the  Legislature  of  this  State,  the  Committee 
to  whom  was  referred  a petition,  from  one  of  the  abovenamed  me- 
morialists, on  the  subject  now  under  the  consideration  of  your  Com- 
mittee, in  reporting,  as  they  did,  in  favor  of  the  prayer  of  the  petition, 
and  unanimously  recommending  certain  resolutions  in  relation  thereto, 
which  report  was  accepted,  and  the  resolutions  adopted  in  the  Senate, 
by  a vote  of  nineteen  to  five,  have  expressed  an  opinion  to  which  your 
Committee  are  disposed  cordially  to  respond.  They  say,  “ It  is  thought 
by  the  Committee  that  some  umpire,  either  temporary  or  permanent, 
by  which  disputes  between  nations  may  be  decided,  is  by  no  means  a 
visionary  project  Such  an  umpire  will  certainly  be  practicable, 
whenever  public  opinion,  in  civilized  nations,  shall  be  sufficiently 
enlightened  to  sanction  it”  The  Committee  further  remark : “ It  is 
believed  that  the  Legislature  of  this  Commonwealth  would  not  go 
far  in  advance  of  public  opinion,  by  some  declarative  act  favorable 
to  this  pacific  mode  of  terminating  the  controversies  of  nations.  Such 
a declaration,  if  not  utterly  destitute  of  ground  to  stand  upon, 
would  be  at  least  harmless ; and  no  man  of  high  moral  feeling,  or 
moral  courage,  can  hesitate  how  to  act,  when  the  alternative  presented 
is,  on  the  one  hand,  the  possibility  of  accomplishing  an  incalculable 
public  good,  and,  on  the  other,  the  danger  of  encountering  the  chilling 
incredulity  or  heartless  raillery  of  those  who  do  not  know  how  to 
appreciate  his  motives.”  The  Committee  further  say:  “If  a public 
attempt  is  ever  to  be  made  to  bring  war  into  discredit,  and  to  devise 


147 


APPENDIX. 


655 


some  amicable  mode  of  settling  disputes  between  nations,  it  may  be 
well  now  for  some  public  body  to  feel  the  way.  And  no  where  can 
this  beginning  be  more  suitable  than  in  Massachusetts.”  And  in 
speaking  of  tlie  effects  to  flow  from  the  measure,  the  Committee  say : 
“ It  will  show  the  people  of  this  Cormnonwealth,  that  when  solicited 
to  express  an  opinion  upon  a great  national  subject  of  vital  concern, 
a subject  which  can  excite  no  conflict  of  party  passions,  we  do  not  turn 
a deaf  ear  to  the  call ; that  we  do  not  maintain  a heartless  silence, 
but  return  a kind  and  generous  response  to  the  voice  of  those  noble 
philanthropists,  who  would  save  mankind  from  evils  into  which  those 
in  times  gone  by  have  rushed  headlong,  and  which  they  have  been 
obliged  to  rue  when  it  was  too  late  to  escape  them.”  In  these  sen- 
timents, your  Committee  think,  there  is  a magnanimity  which  will 
insure  a ready  and  full  response  from  every  American  breast  Such 
sentiments,  they  think,  cannot  be  too  widely  disseminated. 

The  Committee  of  the  Society  for  the  Promotion  of  Permanent  and 
Universal  Peace,  established  at  London,  in  their  seventeenth  annual 
report,  speaking  of  the  proposition  now  under  the  consideration  of 
your  Committee,  say : “ What  is  there  in  this  proposal  that  does  not 
commend  itself  to  the  good  sense  of  every  man  ? It  is  only  an  exten- 
sion of  that  principle  of  legislation,  which  settles  private  disputes  by 
arbitration  or  courts  of  law,  instead  of  leaving  every  one  to  right  him- 
self, which  might  result  in  violence  and  murder.”  After  speaking  of 
the  doings  in  this  country,  and  in  Switzerland,  relative  to  this  measure, 
they  say ; “Your  Committee  have  watched,  with  a lively  interest,  these 
proceedings  of  their  brethren  and  fellow-laborers  in  America  and 
Geneva ; their  own  labors  have  not  yet  been  in  this  direction,  though 
they  have,  for  some  time  past,  held  themselves  in  readiness,  at  a suita- 
ble opportunity,  to  bring  this  subject  more  immediately  under  the 
consideration  of  the  British  public  and  of  the  government.”  At  the 
eighteenth  annual  meeting  of  the  London  Peace  Society,  the  subject 
of  a Court  of  Nations  was  discussed,  and  the  following  resolution  was 
moved  and  carried:  “That  the  continuance  of  peace  calls  for  our 
grateful  acknowledgments  to  Almighty  God,  and  we  sincerely  hope 
that  the  experience  of  its  advantages  may  induce  the  powers  of  Europe 
and  America  to  endeavor  to  prevent  the  recurrence  of  war,  by  the 
adoption  of  a peaceful  and  rational  mode  of  settling  their  differences 
by  arbitration.”  This  meeting,  and  the  subject  discussed  at  it,  appears 
to  have  been  noticed  with  commendation  by  the  British  press.  As  an 
instance  of  the  tone  assumed  on  the  occasion,  the  following  remarks, 
from  the  London  Mercantile  Journal,  will  not  be  read  without  interest. 
After  speaking  of  the  rapid  progress  of  the  principles  and  policy  of 


656 


APPENDIX. 


148 


peace,  it  is  remarked : “ In  a mercantile  point  of  view,  this  subject  is 
very  important,  and  every  mercantile  man  should  be  a member  of  the 
Peace  Society.  What  becomes  of  trade  during  the  existence  of  war? 
Is  not  war  a total  interruption  of,  and  a complete  curse  to  trade  ? 
And  in  this  country,  which  is  a commercial  country,  ought  above  all 
to  study  the  things  which  make  for  peace,  as  upon  peace  commerce 
depends,  and  upon  commerce  England  depends.  Reason  and  experi- 
ence, and  not  guns  and  swords,  are  the  best  arbiters  between  man  and 
man,  and  ought,  indeed,  to  be  the  only  arbiters  between  rational  beings. 

Physical  contests  are  the  characteristics  of  brutes,  which  we  do  not 
allow  to  possess  reason.  War  has  hitherto  been  the  game  at  which 
kings  and  generals  have  played,  whilst  the  people  have  found  them  in 
money  wherewith  to  carry  it  on ; but  the  people  are  becoming  wiser, 
and  choose  rather  to  keep  their  money  in  their  pockets.  But  if  the 
principles  of  the  Peace  Society  were  universal,  there  would  never  need 
be  any  war,  even  of  self-defence,  because  there  never  would  be  any 
aggression.  In  the  beautiful  imagery  of  eastern  poetry,  men  would 
convert  their  swords  into  ploughshares.  Europe  has  now  long  been  at 
peace,  and  may  she  continue  to  be  so ! and  we  expect  that  the  diffusion 
of  knowledge  will  increasingly  secure  its  unnumbered  blessings  to  all 
mankind.  Our  national  debt  of  eight  hundred  millions  is  a monument 
to  the  folly,  false  glory,  mischief,  and  curse  of  war.  Nations,  as  they 
become  enlightened,  will  survey  this  monument,  and  read  its  inscrip- 
tion ; and  the  experience  on  this  subject,  which  has  cost  us  so  much, 
will  be  given  to  them  for  nothing.  Such  is  our  own  deep  conviction 
of  the  unnecessariness,  folly,  ruination  and  mischief  of  all  war ; and 
such  our  persuasion  of  the  advantages,  wisdom  and  glory  of  peace,  that 
we  say,  ‘success  to  the  Peace  Society — may  all  society  throughout 
both  hemispheres  of  this  well-peopled  world,  become  one  great  Peace 
Society and  say  amen  to  the  malediction,  ‘ cursed  be  the  hand  that 
again  kindles  the  fires  of  war !’  ” 

Your  Committee  have  quoted  these  remarks  thus  at  large,  believing 
them  to  be  of  no  light  import  in  this  connection,  conveying,  as  we  have 
reason  to  think  they  do,  the  sentiments  of  a great  and  highly  respectable 
portion  of  the  more  intelligent  classes  of  the  British  public ; and  for 
the  same  reason  we  are  gratified  to  see  the  publication  of  the  following 
sentiment  in  the  Quarterly  Journal  of  the  British  Peace  Society:  it  is 
from  a Hartford  County  Report.  “ The  benevolent  proposal  of  institut- 
ing a high  court,  to  which  may  be  referred  for  equitable  and  final  ad- 
justment all  international  disputes,  deserves  the  serious  consideration 
of  the  ‘powers  that  be,’  and  of  every  friend  of  peace.  It  is  hoped,  that 
measures  may  be  adopted  in  different  countries,  to  call  forth  a public 


149 


APPENDIX. 


657 


expression  of  the  opinion  of  the  people,  and  requests,  to  their  respect- 
ive governments  to  adopt  this  specific  measure.”  The  measure  has 
been  approved  at  various  public  meetings  in  different  parts  of  Great 
Britain.  To  select  one  instance  from  many.  At  a meeting  of  the 
Newcastle  auxiliary  to  the  London  Society  for  the  Promotion  of  Per- 
manent and  Universal  Peace,  one  of  the  speakers  observed,  “he 
wished  the  Society  possessed  the  means  of  extending  their  principles 
into  other  countries,  and  then  he  trusted  that  the  system  of  national 
arbitration  would  become  matured  and  generally  acted  on.”  Senti- 
ments of  individuals  and  societies  on  the  continent,  in  France,  Geneva, 
and  elsewhere,  equally  friendly  to  the  measure,  have  been  laid  before 
your  Committee,  but  they  deem  further  citation  on  this  point  unneces- 
sary. 

Your  Committee,  consistently  with  what  they  deem  their  duty  on 
an  occasioq  like  the  present,  and  as  an  organ  of  the  highest  representa- 
tive body  in  a community  so  enlightened  as  tliat  comprising  the  citizens 
of  this  Commonwealth,  cannot  withhold  their  hearty  approbation  of  the 
signal  instance  of  triumphant  benevolence  recently  given  by  his  maj- 
esty William  IV,  in  his  successful  proffer  of  friendly  mediation,  during 
the  recent  misunderstanding  between  the  governments  of  the  United 
States  and  France : a mediation  most  magnanimous  in  its  spirit,  and 
most  honorable  to  the  British  king,  as  the  monarch  of  a powerful,  highly 
civilized,  intelligent  and  Christian  people : a mediation  most  happily 
and  fully  successful  in  the  attainment  of  the  unspeakably  important 
object  in  view ; and  hence  demanding  the  public  and  grateful  acknowl- 
edgments of  those  who  were  so  greatly  benefited  by  it.  A mediation 
indicating,  in  its  origin,  acceptance  and  results,  a radical  change  and 
permanent  advance  in  public  sentiment,  which  cannot  but  be  regarded 
as  most  auspicious  to  the  dearest  interests  of  mankind ; and  also  as  clearly 
demonstrating  the  practicability,  provided  the  attention  of  the  several 
nations  can  be  called  to  the  subject,  of  devising,  introducing  and  es- 
tablishing some  mode  of  determining  disputes  between  civilized  nations 
other  than  that  of  an  appeal  to  arms.  In  fine,  a mediation,  which, 
when  the  bonds  of  amity  were  broken,  when  the  ultimate  stand  had 
been  taken,  when  the  doors  of  reconciliation  were  closing,  when  a 
hostile  attitude  was  already  assumed  and  forces  were  collecting,  and 
arms  were  burnishing,  and  navies  were  manned  and  fitting  out  for  ser- 
vice, bid  that  phantom  falsely  styled  national  honor  to  disappear,  caused 
reason  to  resume  her  seat,  allowed  justice  to  uplift  her  scales,  and,  in 
so  doing,  prevented  an  astonished  universe  from  beholding,  and  disbur- 
dened the  pen  of  the  future  historian  from  recording,  yet  other  bloody 
acts,  revolting  spectacles,  and  dismal  legends  to  be  chronicled  with 
83 


658 


APPENDIX. 


150 


Uiose  of  Ostend,  Aboukir  and  Alexandria,  the  Rhine  reddened  and 
swollen  with  the  gory  torrents  successively  poured  into  it  from  Tour- 
nay,  Kayserslautern,  Josselies,  Cologne,  Manheim,  Mayence,  Franken- 
thal  and  Fribourg,  the  slaughter  of  the  Burmese,  the  desolations  of  the 
Carnatic,  the  massacre  at  Scio,  the  battle  of  Borodino,  the  passage  of 
the  Beresina,  and,  finally,  the  field  of  Waterloo : acts  which, — while 
causing  blood  to  flow  in  ton'ents,  depriving  old  age  of  its  prop,  and 
infancy  of  its  provider,  extending  desolation  over  sea  and  land,  and  in- 
troducing wretchedness  to  the  fireside  of  the  hovel,  paralyzing  the  arm 
of  industry  abroad,  and  agonizing  the  heart  at  home  ; aiming  a death- 
blow at  commerce,  manufactures,  and  the  useful  arts, — would  never- 
theless lay  claim  to  be  deemed  honorable  when  committed  by  nations) 
though  they  would  be  universally  denounced  as  barbarous  and  brutish, 
if  done  by  individuals.  In  this  view  of  the  case,  your  Committee  ask, 
foreseeing  these  acts  and  dreading  these  then  impending  evils,  if  joy 
did  not  thrill  every  American  heart,  on  hearing  the  noble  offer  of  his 
august  majesty  the  king  of  England,  to  become  the  friendly  arbiter 
between  the  governments  of  France  and  the  United  States  two  nations 
whose  friendly  intercourse  and  mutual  good  offices  had,  since  the  very 
commencement  of  our  existence  as  a nation,  been  cemented  by 
the  golden  chain  of  commerce.  A noble  umpirage!  which  may 
have  prevented  not  only  the  estrangement  of  two  most  friendly  nations, 
but  also  the  waste  of  millions  of  money  and  the  destruction  of  thousands 
of  human  lives,  in  addition  to  the  blow,  fatal  it  might  have  been,  inflict- 
ed on  the  advance  of  liberal  principles  and  the  establishment  of  free 
institutions,  and  setting  the  world  one  more  injurious  example  of  the 
baneful  custom  of  engaging  in  war  for  the  assertion  of  right.  Your 
Committee  feel  unfeigned  delight  in  recurring  to  this  most  magnani- 
mous instance  of  enlightened  policy  in  the  government  of  that  country 
in  whose  just  fame  the  citizens  of  the  United  States  will  ever  feel  a 
pride,  regarding  and  cherishing  it  in  memory  as  the  mother  country,  in 
whose  bosom  was  fostered  that  attachment  to  liberal  principles,  and  that 
love  of  freedom,  to  which  this  republic  is  indebted  for  its  being. 

Your  Committee  have  thus  laid  before  you  the  results  of  their  inqui- 
ries in  this  branch  of  the  investigation  assigned  to  them,  from  a persua- 
sion that  the  information  elicited  in  reference  to  this  subject  will  be 
regarded  with  more  than  ordinary  interest  by  every  one  accustomed  to 
measure,  with  a practised  eye,  the  movement  of  public  sentiment  and 
feeling  ; and  they  have  also  been  actuated  in  giving  the  foregoing  ex- 
position from  a deep  and  pervading  sense  of  the  solemn  responsibility 
under  which  they  lie  in  having  had  committed  to  them  a subject  which, 
in  their  view,  yields  to  no  other  of  past  or  present  time,  in  reference  to 


151 


APPENDIX. 


659 


the  varied,  extensive,  and  all-absorbing  interests  involved  in  its  decision. 
They  regard  the  ultimate  result  of  the  proposed  measure,  as  one  which, 
if  the  measure  be  now  adopted  and  carried  forward  by  the  Legislature 
of  this  Commonwealth,  and  if  it  be  countenanced  and  carried  into  ex- 
ecution by  the  Executive  of  the  United  States,  and  eventually  concurred 
in  by  the  different  powers  who  may  be  invited  to  cooperate  to  that  end, 
will  eventually  confer  on  Massachusetts,  on  the  United  Stages,  and  on 
the  age  in  which  it  is  achieved,  a renown  whose  duration  will  be  coeval 
with  the  existence  of  our  race.  Witli  this  inadequate  view  of  the  sub- 
ject, the  Committee  unanimously  recommend  the  following  resolutions, 
for  the  adoption  of  the  Legislature. 

Per  order  of  the  Committee. 

Stephen  Fairbanks,  Chairman. 


ffiommontDealtjl)  of  iWassacfjusetts. 


In  the  year  one  thousand  eight  hundred  and  thirty-seven. 


Resolves  in  relation  to  a Congress  of  JVaiions. 

Resolved,  That  the  resort  to  war,  to  settle  questions  of  national  profit 
or  honor,  is  a practice  derived  from  the  barbarism  of  fonner  ages,  and 
inconsistent  with  the  enlightened  philanthropy  of  the  present,  still  more 
adverse  to  the  benign  principles  of  Christianity,  productive  of  extensive 
distractions,  misery  and  corruptions,  and  usually  inefficient  for  the* 
purposes  for  which  it  is  commenced,  and  hence  it  is  incumbent  on  all 
civilized  communities  to  devise  measures  for  its  suppression. 

Resolved,  That  the  institution  of  a Congress  or  Court  of  Nations 
appears  to  be,  at  present,  the  best  practical  method  by  which  the 
disputes  between  nations  can  be  adjusted,  and  the  appeal  to  arms 
avoided. 

Resolved,  That  it  be  recommended  to  the  Executive  of  the  United 
States,  to  open  a negotiation  with  such  other  governments  as,  in  its 
wisdom,  it  may  deem  proper,  with  a view  to  effect  so  important  an 
arrangement. 

Resolved,  That  His  Excellency  the  Governor  of  this  Commonwealth 
be  requested  to  transmit  a copy  of  this  Report,  and  the  accompanying 
Resolutions,  to  the  President  of  the  United  States,  and  to  the  Executive  ' 
of  each  of  the  States,  to  be  communicated  to  the  Legislatures  of  the 
several  States,  inviting  their  expression  of  sentiment  and  cooperation  in 
favor  of  the  end  in  view. 


660 


APPENDIX. 


152 


In  searching  the  records  of  the  General  Court  of  the  State  of  Mas- 
sachusetts, I find  the  following  resolves,  passed  in  1838,  of  which  I was 
ignorant  before,  and  add  them  in  this  place. 


ffiommontocaltl)  ot  lUassachusetts. 

In  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-eight. 

Resolves  in  relation  to  a Congress  of  Nations. 

Resolved,  That  olfensive  war  is  incompatible  with  the  true  spirit  of 
Christianity. 

Resolved,  That  the  great  importance  of  the  subject  renders  it  the 
duty  of  all  civilized  communities  to  unite  in  the  adoption  of  any 
practicable  plan,  calculated  to  effect  so  noble  an  object  as  the  abolition 
of  war,  and  the  preservation  of  peace  among  the  nations  of  the  earth. 

Resolved,  That  the  institution  of  a Congress  of  Nations  for  the  pur- 
pose of  framing  a code  of  international  law,  and  establishing  a high 
court  of  arbitration  for  the  settlement  of  controversies  between  nations, 
is  a scheme  worthy  of  the  careful  attention  and  consideration  of  all 
enlightened  governments. 

.*  Resolved,  That  His  Excellency  the  Governor  of  this  Commonwealth 
be  requested  to  transmit  a copy  of  these  resolves,  with  the  accompany- 
ing report,  to  tlie  President  of  the  United  States,  and  to  the  Executive 
of  each  of  the  States,  to  be  communicated  to  their  respective  Legisla- 
tures, inviting  their  cooperation  in  the  proposed  object. 

House  of  Representatives,  April  25,  1838. — Passed. 

Robert  C.  Winthrop,  Speaker. 

In  Senate,  April  25,  1838. — Passed. 

Myron  Lawrence,  President. 

April  25,  1838. — Approved. 

Edward  Everett. 


153 


APPENDIX. 


661 


No.  7. 

First  Petition  to  Congress,  presented  hy  the  JVew  York  Peace  Society,  the 
American  Peace  Society,  the  Vermont  Peace  Society,  and  many  other 
individuals,  the  members  of  no  peace  society. 

To  the  Honorable,  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled  on  the  first  Monday 
in  December,  1837. 

The  undersigned,  members  of  the  New  York  Peace  Society,  and  other 
individuals  friendly  to  the  Peace  cause,  respectfully  present  the 
following  Petition : 

That  your  honorable  body  accede  to  the  proposition  of  the  Mexican 
Congress,  as  couched  in  the  following  terms,  contained  in  a decree  of 
that  Congress  dated  May  20th,  1 837,  to  wit : 

“ The  goveriunent  is  hereby  authorized  to  compromise  the  claims 
which  the  government  of  the  United  States  has  instituted,  or  may 
hereafter  institute ; and  those  in  which  they  cannot  agree  may  be  sub- 
mitted to  the  decision  of  a friendly  power,  the  United  States  of  America 
agreeing  thereto.” 

Your  petitioners  feel,  that  it  would  greatly  derogate  from  the  high 
character  hitherto  sustained  by  this  republic,  to  decline  so  honorable  a 
proposal  as  that  contained  in  the  foregoing  article ; and,  on  the  other 
hand,  that  it  would  redound  to  its  highest  honor,  promptly  and  frankly 
to  comply  with  it 

It  is  a universally  admitted  proposition,  that  a disinterested  party  is 
more  likely  to  decide  impartially  in  relation  to  a dispute,  than  the  par- 
ties interested ; and  it  is  for  tins  reason  that  men  in  their  social  capacity 
have  consented  to  the  establishment  of  judicial  tribunals,  to  which  to 
refer  such  of  their  individual  disputes  as  they  cannot  satisfactorily 
adjust  between  themselves.  For  the  same  reason,  in  the  opinion  of 
your  petitioners,  ought  international  disputes  of  a similar  kind  to  be 
referred  to  a disinterested  party.  And  they  are  the  more  encouraged 
to  hope,  that  this  petition  will  be  favorably  received  by  your  honorable 
body,  from  the  consideration  of  the  fact,  that  the  principle  of  arbitration 
lias  been  adopted  by  the  government  of  the  United  States  in  several 
instances  already,  whereby  the  soundness  of  that  principle  has  been 
clearly  recognized,  and  its  compatibility  witli  the  honor,  dignity,  and 
rights  of  the  nation  virtually  admitted. 

Your  petitioners  take  this  opportunity  to  pray  your  honorable  body 
to  adopt  the  principle  of  reference  to  a third  party  of  such  international 


662 


APPENDIX. 


154 


disputes  as  cannot  be  amicably  adjusted  by  the  parties  themselves,  as 
an  invariable  rule  of  action,  instead  of  an  occasional  one.  They  can 
see  no  possible  reason  why  it  should  not  be  the  rule  at  all  times,  as 
well  as  on  particular  occasions.  There  is  no  lime  that  a party  to  a 
dispute  is  not  less  likely  to  decide  impartially  in  relation  to  its  merits, 
than  a disinterested  party  would  be  ; and,  consequently,  there  is  alioays 
the  same  reason  why  parties,  whetlier  individual  or  international,  should 
refer  to  arbitration  such  disputes  as  they  are  unable  to  adjust  amicably 
between  themselves. 

Your  petitioners  would  further  pray  your  honorable  body,  in  pur- 
suance of  this  principle,  to  send  forth  a proposal  to  the  various 
governments  of  the  world,  to  unite  with  your  honorable  body  in  the 
establishment  of  a great  international  board  of  arbitration,  or  a Con- 
gress of  Nations,  to  which  to  refer  international  disputes;  and,  also, 
for  the  purpose  of  digesting  and  preparing  a regular  code  of  interna- 
tional law,  obligatory  on  such  nations  as  may  afterwards  adopt  it. 

If  tlie  principle  of  arbitration  is  to  become  the  order  of  the  day,  then 
there  can  be  no  question  as  to  the  best  mode ; and  if  there  is  to  be  a 
law  of  nations  at  all,  it  is  equally  clear  with  regard  to  the  propriety  of 
its  being  embodied  in  a regular  code.  No  government,  engrossed  with 
its  own  affairs,  can  devote  the  time  requisite  to  tire  thorough  examina- 
tion of  the  various  international  disputes ; and  hence  the  necessity  for 
the  appointment  of  a board  of  arbitrators  for  the  purpose,  who  would 
be  able  to  devote  to  the  business  their  undivided  attention.  And 
besides  this,  a board  of  arbitrators,  composed  of  delegates  from  various 
nations,  would,  by  containing  within  itself  a counterpoise  of  interests, 
be  more  likely  to  give  an  impartial  decision,  than  would  any  single 
government  With  regard  to  the  fonnation  of  a code  of  international 
law,  all  the  reasons  that  can  be  assigned  for  the  enactment  of  law  in 
general,  are  equally  applicable  to  the  enactment  of  an  international 
code.  The  principles  of  law  need  to  be  settled  and  defined.  For 
want  of  this,  in  the  case  of  tlie  law  of  nations,  many  wars  have  occur- 
red. And  who  so  suitable  to  prepare  an  international  code  of  law,  as 
an  international  tribunal  of  the  kind  contemplated  ? Assuredly,  it  is 
not  competent  for  one  nation  to  decide  what  shall  be  the  law  for  all  live 
nations  of  the  world,  in  their  intercourse  with  one  another.  Nothing 
short  of  an  inter7iational  tribunal  is,  in  the  opinion  of  your  petitioners, 
competent  to  the  preparation  of  an  international  code  of  law — and 
competent  to  the  explication  and  application  of  that  law,  after  its 
enactment,  in  cases  of  international  dispute.  And  yet,  your  petitioners 
do  not  propose  a measure  which  would  be  any  infringement,  even  the 
least,  on  the  independence  and  sovereignty  of  nations.  As  they  have 


155 


APPENDIX. 


663 


already  hinted,  they  propose  only,  that  this  law  shall  be  obligatory  on 
those  nations  that  may  adopt  it,  after  its  enactment  by  the  tribunal. 

Nor  do  your  petitioners  propose,  that  that  tribunal  he  clothed  with 
power  to  enforce  its  decisions,  but  that  it  rely  for  its  efficiency  solely  on 
the  impartiality  and  correctness  of  those  decisions,  and  the  honor  and 
justice  of  the  parties  concerned.  And  when  your  petitioners  consider 
the  tenacity  with  which  nations  adhere  to  the  point  of  honor,  and  that 
they  never  embark  in  war  without  a plausible  excuse,  they  are  forced 
to  the  conclusion,  that  a righteous  decision  of  an  international  dispute, 
emanating  from  an  authorized,  international  tribunal,  in  accordance 
with  an  international  code  of  law,  accompanied  by  the  reasons  for  that 
decision,  and  appealing  solely  to  national  honor  and  justice,  could  not 
fail  to  meet  with  a favorable  reception  by  the  parties.  To  suppose 
otherwise,  would  be  to  suppose,  that  those  vast  portions  of  mankind 
denominated  nations,  that  stand  so  much  on  their  dignity  and  honor, 
have  less  pretension  to  those  noble  qualities,  than  have  two  common 
citizens  who  refer  a dispute  to  arbitrators  in  the  ordinary  concerns  of 
private  life,  and  who  would  consider  themselves  eternally  disgraced, 
were  they  to  disregard  a fair  decision.  Indeed,  to  suppose  that  nations 
would  not  heed  a decision  of  the  kind,  would  be  an  impeachment  of 
their  high  character,  and  an  insult  to  their  fair  fame. 

But  your  petitioners  do  not  stake  their  cause  on  the  certainty  of  the 
efficiency  of  the  plan  proposed.  They  would  say,  that  if  there  is  even 
a tendency  in  the  scheme  to  prevent  such  an  evil  as  war,  nations  ought 
to  adopt  it  Nay,  they  will  go  further,  and  say,  that  if  there  is  a remote 
probability  of  its  preventing  a single  war ; yea,  if  it  is  not  demonstrable 
that  it  will  have  no  tendency  to  prevent  war ; nations  ought  to  malce 
trial  of  it,  to  say  the  least.  The  nation  refusing  to  participate  in  such 
an  attempt  at  the  pacification  of  the  world,  would  manifest  no  desire  to 
avoid  war,  and  could  no  longer  denominate  it  its  last  resort.  On  the 
other  hand,  should  the  trial  of  the  scheme  be  made,  and  even  prove 
abortive,  nations  will  not  have  labored  in  vain:  they  will  thereby  have 
manifested  some  disposition  to  avoid  war,  and  could  then  with  some 
appearance  of  truth  denominate  it  their  last  resort — which  otherwise 
they  could  not  do. 

Your  petitioners  feel  desirous,  that  this  country  should  not  only 
combine  with  others  in  promoting  the  great  and  glorious  scheme  under 
consideration,  but  that  she  should  lead  the  way,  by  sending  forth  the 
GREAT  PROPOSAL  for  a CongTOSs  of  Nations,  to  the  various  nations  of 
the  earth.  They  would  fain  see  their  own  country  stand  forth  in 
advance  of  all  others  in  this  great,  this  glorious,  this  heaven-born 
enterprise ; presenting  to  the  admiring  view  of  the  whole  universe  a 


664 


APPENDIX. 


156 


spectacle  of  moral  grandeur  and  sublimity  unequalled  in  the  career  of 
nations,  and  entitled  to  imperishable  renown.  Fain  would  they  see 
the  names  of  their  rulers  inscribed  on  the  same  page  of  immortality 
with  those  of  a Numa  Pompilius,  an  Antoninus  Pius,  a Leopold  of 
LoiTaine,  a W alpole,  a Fleury,  a Maximilian  II,  a Rudolph  II,  a Ferdi- 
nand VI,  a Robert  I,  and  a William  Penn,  and  not  on  that  page  of 
infamy  crimsoned  with  human  blood. 

Your  petitioners  would  be  among  the  last,  to  base  their  cause  on 
any  ground  but  that  of  its  own  intrinsic  merits.  Nevertheless,  it  is 
always  gratifying  to  tlie  friends  of  a good  cause,  to  know  that  it  has 
the  countenance  and  support  of  the  wise  and  the  good. 

[Here  follow  extracts  from  the  first  and  second  report  of  the  Legis- 
lature of  Massachusetts,  which  it  is  unnecessary  to  repeat.] 

Your  Petitioners  also  find  the  sage  Franklin  holding  language  like 
the  following : “We  daily  make  great  improvements  in  natural,  there 
is  one  I wish  to  see  in  moral,  philosophy ; — tlie  discovery  of  a plan  that 
would  induce  and  oblige  nations  to  settle  their  disputes,  without  first 
cutting  one  another’s  throats.  When  will  human  nature  be  sufficiently 
improved  to  see  the  advantage  of  this .5”  “Wonderful,”  says  the 
illustrious  Jefferson,  “has  been  the  progress  of  human  improvement  in 
other  respects.  Let  us  hope,  then,  that  the  law  of  nature,  which  makes 
virtuous  conduct  produce  benefit,  and  vice  loss,  to  the  agent,  in  the 
long  run ; which  has  sanctioned  the  common  principle  that  honesty  is 
the  best  policy ; will  in  time  influence  the  proceedings  of  nations  as 
well  as  individuals ; that  we  shall  at  length  be  sensible,  that  war  is  an 
instrument  entirely  inefficient  toward  redressing  wrong ; that  it  multi- 
plies, instead  of  indemnifying  losses.  These  truths  are  ‘palpable,  and 
must,  in  the  progress  of  time,  have  their  influence  on  the  minds  and 
conduct  of  nations.” 

But  your  petitioners  forbear  from  further  quotation.  Enough  has 
been  produced  to  show,  that  were  the  rulers  of  the  world  such  men  as 
our  Franklins  and  Jeffersons,  this  project  would  not  want  supporters. 
And  could  those  venerable,  patriot  sages  revisit  the  earth,  and  once 
more  take  their  seats  in  the  American  Congress,  we  doubt  not  that 
they  would  be  among  the  foremost  to  rise  up  in  your  midst,  and  advo- 
cate the  adoption  of  the  measure  recommended  in  this  petition.  May 
we  not  hope,  that  your  honorable  body  will,  by  the  adoption  of  a 
similar  course,  prove  yourselves  in  this  respect  a Congress  of  Franklins 
and  Jeffersons — a Congress  of  sages  and  philanthropists — a Congress 
acting  for  the  highest  interests,  not  of  a single  nation  at  a particular 
period,  but  of  the  whole  human  family  henceforth  to  the  end  of  time  ? 

That  the  custom  of  war  has  hitherto  prevailed,  is  no  reason  for  its 


157 


APPENDIX. 


665 


longer  continuance.  We  of  the  present  generation  claim  to  live  in  an 
age  of  superior  light,  in  which  customs  are  brought  to  the  test  of 
reason.  This  touchstone  needs  but  to  be  applied  to  the  custom  of  war, 
to  procure  at  once  its  abolition.  It  is  a custom  altogether  unsuited  to 
the  high  state  of  civilization  of  the  present  period.  Time  it  is,  that 
some  general  movement  were  made  among  the  nations,  to  bring  it  to  a 
termination.  Suffice  it  to  have  outlived  customs  far  less  barbarous, 
which  have  disappeared  before  the  bright  beams  of  civilization,  like 
the  mists  of  morning  before  the  ascending  sun.  Too  long  has  this 
hydra  been  permitted  to  rear  his  horrid  crests  amid  scenes  of  civiliza- 
tion and  refinement.  Too  long  have  the  nations  of  Christendom, 
professing  to  be  governed  by  a peaceful  religion,  been  subjected  by 
their  warlike  policy  to  the  taunts  of  the  Jew,  the  scorn  of  the  Mussul- 
man, and  the  reproach  of  the  heathen.  The  rulers  of  Christendom 
owe  it  to  themselves,  they  owe  it  to  the  religion  they  profess,  they  owe 
it  to  the  human  race,  to  change  at  once  and  for  ever  their  international 
policy,  by  the  adoption  of  a pacific  mode  of  adjusting  international 
disputes.  Nor  can  they,  with  all  the  light  that  is  blazing  on  them,  any 
longer  forbear  to  adopt  such  a measure,  without  incurring  the  most 
awful  guilt.  War  that  is  not  indeed  the  last  resort,  is  wholesale 
murder ; and  until  every  probable  expedient  has  been  resorted  to,  to 
prevent  it,  it  is  not  the  last  resort.  Your  petitioners,  therefore,  feel, 
that  unless  the  governments  of  the  world,  and  especially  of  Christen- 
dom, will  make  a sincere  trial  of  the  principle  of  arbitration  for  the 
adjustment  of  tlieir  disputes,  and  thereby  bring  its  efficiency  to  the  full 
test,  they  cannot  embark  in  war  without  guilt  of  the  most  fearful  mag- 
nitude, and  the  deepest  die — -the  guilt  of  the  blood  of  nations  ! 
And  they  further  feel,  that  it  would  not  only  be  an  immortal  honor  to 
the  government  that  might  move  first  in  this  great  undertaking,  by 
making  a proposition  of  the  kind  to  others,  but  that  no  government  is 
justifiable  in  waiting  for  another  to  make  the  first  movement  And, 
finally,  they  feel  that  the  government  of  this  country,  above  all  others, 
is  under  obligation  to  be  the  foremost  in  this  instance.  Our  institutions, 
our  policy,  the  genius  of  our  country,  our  high  pretensions  to  superior- 
ity in  all  that  is  great  and  ennobling,  demand  it  at  our  hands.  And 
your  petitioners  do  most  fervently  hope,  that  your  honorable  body  will 
not  turn  a deaf  ear  to  the  call,  but  that,  by  your  timely  and  favorable 
action  in  the  case,  you  will  prove  to  the  world  that  all  these  claims  to 
transcendent  excellence  are  not  in  vain. 


84 


666 


APPENDIX. 


158 


No.  8. 

Report  011  the  foregoing  Petition. 

Mr.  Legake,  from  tlie  Committee  on  Foreign  Affairs^  made  the 
following  REPORT : 

The  Committee  on  Foreign  Affairs,  to  whom  was  refeiTed  tlie  memorial 
of  the  New  York  Peace  Society,  and  other  individuals  friendly  to 
the  peace  cause,  report  as  follows : 

The  prayer  of  the  memorialists  is  twofold.  They  desire,  in  the  first 
place,  tliat  our  differences  with  Mexico  should  be  refen-ed  to  tlie 
arbitration  of  a third  power.  The  House  is  already  informed  that,  to 
this  extent,  their  petition  has  been  answered  and  fulfilled  by  the 
Executive — our  claims  upon  tliat  government  having,  at  the  instance 
of  tlie  latter,  been  submitted  to  an  umpire  of  its  own  choosing.  So  far, 
therefore,  as  the  object  of  the  memorialists  was  to  bring  about  this 
practical  result  in  a public  interest  of  great  importance  and  pressing 
exigency,  it  has  been  accomplished,  no  doubt,  to  their  entire  satis- 
faction. 

But  they  do  not  stop  liere.  They  proceed  to  recommend  to  Congress 
that  it  “adopt  tlie  principle  of  reference  to  a third  power  of  such  inter- 
national disputes  as  cannot  be  amicably  adjusted  by  the  parties  them- 
selves, as  an  invariable  rule  of  action,  instead  of  an  occasional  one.” 
And  they  further  pray  that,  “ in  pursuance  of  this  principle,  a proposal 
be  sent  forth  by  this  government  to  those  of  other  nations,  that  tliey 
would  unite  with  it  in  the  establishment  of  a great  international  hoard 
of  arbitration,  or  a Congress  of  JVedions,  to  which  to  refer  international 
disputes  ; and  also  for  tlie  purpose  of  digesting  and  preparing  a regular 
code  of  international  law,  obligatory  on  such  nations  as  may  afterwards 
adopt  it.”  They  think  that  this  board  of  arbitrators  should  be  composed 
of  delegates  from  various  nations,  and  that  to  tliis  board  should  be 
confided  the  forming  a code  of  international  law. 

It  is  proper  to  observe,  however,  that  they  do  not  propose  this  code 
“ shall  be  binding  upon  any  nations  which  may  not  willingly  adopt  it, 
after  its  enactment  by  tlie  tribunal nor  do  they  propose  that  that 
tribunal  be  clothed  with  power  to  enforce  its  decisions ; but  that  it  shall 
rely  for  its  efhciency  solely  on  the  impartiality  and  con-ectness  of  those 
decisions,  and  the  honor  and  justice  of  the  parties  concerned. 

The  petitioners  conclude,  by  expressing  a desire  that  this  country 
should  not  only  combine  with  others  in  what  they  characterize  as  “ the 
great  and  glorious  scheme  under  consideration,”  but  that  they  “ should 


159 


APPENDIX. 


667 


lead  the  way,  by  sending  forth  the  proposal  for  a Congress  of  Nations  ” 
to  the  various  governments  of  the  civilized  world. 

The  Committee  have  been  earnestly  pressed  to  take  this  latter  prayer 
of  the  petitioners  into  consideration,  and  to  make  a direct,  full,  and 
solemn  report,  both  upon  its  principles  and  its  practicability.  It  is  in 
compliance  with  a desire  thus  entertained  in  many  respectable  quarters, 
that  they  have  the  honor  of  submitting  to  the  House  the  following 
reflections : 

The  Committee  need  scarcely  say  that  they  fully  appreciate  and 
sympathize  with  the  philanthropic  feelings  and  purposes  expressed  in 
the  memorial.  They  agree  that  the  union  of  all  nations,  in  a state  of 
peace,  under  the  restraints  and  the  protection  of  law,  is  the  ideal  per- 
fection of  civil  society.  Not,  however,  that  they  would  be  understood 
as  affirming  that  war  has  always,  in  the  history  of  mankind,  been  an 
unmixed  or  uncompensated  evU.  They  do  not  think  so.  To  say 
nothing  of  the  heroic  virtues  which  are  fonned  under  its  stern  discipline, 
and  exercised  by  its  trials  and  perils,  war  has,  in  fact,  been  often,  both 
in  ancient  and  in  modern  times,  a mighty  and  even  a necessary  instru- 
ment of  civilization.  It  is  sufficient,  in  this  connection,  barely  to 
mention  the  names  of  Alexander  and  Charlemagne.  But  the  Commit- 
tee also  think  that  those  times  are  gone  by.  Far  other  agents  of 
amelioration  and  progress  are  at  work  now  — agents  infinitely  more 
powerful  in  their  quiet  and  silent,  but  incessant  operation,  and  whose 
efficacy  would  be  greatly  impaired  by  war,  did  they  not  tend,  more 
than  any  tiling  else,  to  supersede  and  put  an  end  to  it.  The  age  is 
reproached  with  being  a mechanical  and  ignoble  one  — with  its  sordid 
love  of  gain,  its  plodding  devotion  to  business,  and  its  preference  of 
physical  comforts  and  personal  accommodation,  to  objects  that  elevate 
the  imagination  and  refine  the  taste  in  art  and  literature.  This  reproach 
is,  no  doubt,  to  a certain  degree,  well  founded ; but  we  must  not  forget 
that  we  do  not  forego  (as  far  as  we  do)  the  advantages  referred  to, 
without  a real,  and,  in  the  eye  of  sober  reason,  an  abundantly  adequate 
compensation.  It  is  true  that  the  most  peculiar  characteristic  of  the 
civilization  of  these  times  is  a demand,  becoming  universal  among  all 
classes  of  society,  for  the  various  physical  comforts,  of  which  commerce 
is  the  inexhaustible  source.  But  it  is  this  very  peculiarity  that  opens 
an  entirely  new  prospect  to  the  human  race,  and  makes  the  present 
moment  an  epoch  in  its  history.  This  commercial  or  economical 
civilization,  if  we  may  call  it  so,  is  reconstructing  society  on  the 
broadest  and  most  solid  basis.  It  is  essentially  democratic  in  its 
character  and  tendencies.  It  pursues  steadily,  and  achieves,  with 
more  and  more  success  every  day,  the  greatest  good  of  the  greatest 


668 


APPENDIX. 


160 


number.  It  is  every  wliere  increasing  population,  and  adding  im- 
mensely to  the  fund  that  employs  and  rewards  labor.  In  spite  of  many 
disturbing  causes,  which  will  disappear  in  the  progi-ess  of  things,  it  is 
elevating  the  poor  in  the  social  scale,  providing  for  them  better  food, 
raiment  and  lodging,  as  well  as  means  of  a suitable  moral  and  intellec- 
tual education.  It  is  bringing  the  most  distant  families  of  mankind, 
as  it  were,  into  contact  with  one  another,  and  effacing  all  the  sharp  and 
salient  peculiarities  of  national  character  that  now  estrange  them  from 
each  other.  It  is  revealing  the  great  cardinal  truth  of  free  trade  — so 
pregnant  with  moral  as  well  as  political  results  — that  “self-love  and 
social  are  the  same  ; ” that  every  country  is  interested  in  the  prosperity 
of  every  other ; that  production  can  never  be  excessive,  because,  where 
exchanges  are  untrammeled,  it  produces  its  own  consumption;  that 
nothing,  in  short,  can  be  more  shallow  in  science,  as  well  as  sordid 
and  narrow  in  spirit,  than  a restrictive  policy  founded  upon  the  idea 
diat  a nation  can  only  enrich  itself  at  the  expense  of  its  neighbors,  or 
has  any  thing  to  gain,  in  the  long  run,  from  their  losses.  When  we 
reflect  that,  during  the  whole  of  the  last  century,  and  for  a considerable 
period  before,  the  far  greater  part  of  the  blood  and  treasure  so  prodi- 
gally lavislied  in  almost  incessant  war,  was  a sacrifice,  directly  or 
indirectly,  to  fallacious  views  of  commercial  monopoly  and  colonial 
dominion  considered  as  instrumental  to  that  monopoly,  we  shall  fully 
appreciate  the  importance  of  this  simple  truth,  once  become,  as  it  will 
infallibly  become,  a settled  maxim  of  national  policy.  With  notions  of 
economy  and  personal  comfort,  such  as  are  made  the  reproach  of  the 
times,  mankind  are  not  likely  much  longer  to  acquiesce  in  the  wanton 
and  profligate  waste  of  tlieir  resources,  of  the  means  of  so  much 
private  and  public  prosperity,  in  contests  which  — to  say  nothing  of  the 
unspeakable  evils  tliat  accompany  them  — cannot  possibly  result  in  any 
adequate  advantage  to  either  party.  Their  reluctance  to  take  up  arms 
will  be  increased  by  a regard  not  only  to  their  own  interest  directly, 
but  to  that  of  their  adversaries,  which  is  in  effect  the  same  thing ; to 
make  war  upon  their  customers  in  trade,  will  be  felt  to  be  a mischiev- 
ous and  suicidal  insanity.  This  motive  is,  perhaps,  not  a romantic  one; 
but  it  is  not  the  less  powerful  for  addressing  itself  less  to  sentiment  and 
the  imagination  than  to  the  habitual  selfishness  of  human  nature.  It  is 
thus  that  physical  causes  are  producing  moral  effects  of  the  greatest 
importance,  and  that  political  economy  becomes  the  most  effective 
auxiliary  of  Christianity.  We  already  see,  in  a manner  not  to  be 
mistaken,  the  influence  of  such  ideas  in  the  contemporary  history  of 
Europe,  although  they  are  just  beginning  to  take  hold  of  the  public 
mind,  and  there  are  so  many  obstacles  to  their  progress  in  the  actual 


161 


APPENDIX. 


669 


state  of  things  there.  It  is  scarcely  possible  to  imagine  a greater 
revolution  of  opinion,  in  the  same  time,  than  has  occurred  since  the 
peace  of  1815.  A single  generation  is  not  yet  passed  away  since  the 
downfall  of  Napoleon,  and  his  military  despotism  begins  already  to 
strike  the  minds  of  men  as  a barbarous  anomaly  in  such  an  age.  Since 
the  last  French  revolution,  causes  of  controversy,  without  number, 
sufldcient  to  have  produced  desolating  wars  at  any  previous  epoch, 
have  arisen  and  passed  away  without  occasioning  one,  except  the 
disputed  succession  in  Spain  — an  exception  that  proves  the  rule. 
Much  is  due,  no  doubt,  to  the  personal  character  and  enlightened  views 
of  those  whose  position  enabled  them  to  control  that  great  event ; but, 
let  it  be  remembered  that  that  character  and  those  views  were  them- 
selves the  work  of  the  age  which  they  reflect  so  faithfully. 

The  Committee  will  add,  that  there  is  another  point  in  which  every 
thing  that  tends  to  preserve  the  peace  of  nations  will,  ere-long,  come 
to  be  universally  regarded  as  peculiarly  interesting  to  mankind : they 
allude  to  its  effect  in  promoting  the  great  cause  of  limited  or  constitu- 
tional government  War  has  ever  been  the  most  fruitful  source  of 
arbitrary  power.  They  are,  indeed,  to  a certain  extent,  inseparable.  A 
military  is,  necessarily,  in  spirit  and  effect,  a despotic,  and  must  gener- 
ally be  a monarchical  organization.  Not  only  so,  but  the  evil  tends  to 
propagate  and  to  perpetuate  itself.  One  great  power  arming  for  con- 
quest compels  all  neighboring  powers  to  arm  for  defence ; and  it  is  not 
a vain  or  fanciful  saying,  that  laws  are  silent  amidst  the  dim  of  arms. 
The  instinct  of  self-preservation  is  at  least  as  strong  in  nations  as  in 
individuals.  They  ever  have  been,  and  ever  will  be,  ready  to  sacrifice, 
without  scruple,  their  dearest  rights  and  liberties  in  order  to  maintain 
their  national  independence.  The  yoke  of  the  foreigner  is  so  galling 
and  degrading,  that  there  is  no  other  which  mankind  are  not  willing  to 
bear  in  order  to  avoid  it  “ The  salvation  of  the  people,”  — salus  popuU, 
— at  whatever  cost  or  risk,  must  and  will  be  the  supreme  law,  under 
every  form  of  government  The  dictators  of  republican  Rome,  the 
terrible  despotism  of  the  executive  committees  of  the  French  Conven- 
tion, are  oifly  instances  of  a universal  law  of  society  and  of  human 
nature  under  such  circumstances.  Hence  the  impossibility,  for  the 
present  at  least,  of  maintaining  such  institutions  as  ours  on  the  conti- 
nent of  Europe. 

Mirabeau  embodied  the  whole  philosophy  of  the  subject  in  his  well- 
known  apothegm,  that  France  was  “geographically  monarchical.” 
The  federal  relations  of  Europe  (for  Europe  is,  in  fact,  a confederacy) 
admit,  in  strict  theory,  of  no  arbiter  but  the  sword  ; and  the  independence 
of  most  of  the  powers  has  been  preserved  — as  far  as  it  has  been  pre- 


670 


APPENDIX. 


162 


served  at  all  — at  the  cost  of  popular  liberty.  That  happy  compromise 
by  whicli  the  wisdom  of  our  fathers  — availing  itself,  it  is  true,  of  such 
circumstances  as  have  never  occurred  elsewhere  — has  reconciled,  on 
tliis  continent,  the  sovereignty  of  the  States  with  tire  rights  of  individ- 
uals, under  a peaceful,  judicial  administration  of  the  law,  is  still,  and 
is  likely  long  to  continue,  a desideratum  there.  But  the  spirit  of  the 
age  is  gradually  becoming  more  favorable  to  such  institutions,  just  in 
proportion  as  it  is  becoming  less  disposed  to  war.  Peace  is  the  hope 
of  liberty  — peace,  consecrated  as  the  standing,  fundamental  policy  of 
the  world.  Such  a state  of  opinion,  or  such  a condition  of  things  as 
will  dispense  with  large  armies  and  military  discipline,  with  a power, 
in  effect  dictatorial,  in  the  executive  department  of  governments,  and 
with  tlie  ambition,  the  glory,  and  tlie  fatal  popularity  and  influence  of 
successful  generals ; such  a perpetual  and  perfect  intercourse,  com- 
mercial and  otherwise,  among  men  as  will  mitigate  extremely,  if  not 
extinguish,  all  mutual  jealousy  and  hostility  between  nations  destined, 
under  tlie  blessed  influences  of  Christian  civilization,  to  form  but  one 
great  family,  and  will  thus  deprive  politicians  of  the  occasion  of  turning 
the  wildest  frenzy  and  worst  calamities  of  manliind  into  a means  of 
sanctifying  tlie  abuses  of  government  — will  inevitably  lead,  in  this 
age,  to  the  general  establislunent  of  representative  institutions.  All 
the  tendencies  of  commerce  and  industry  are  to  social  equality ; peace 
will  add  to  that  equality  rational  liberty  under  a government  of  laws ; 
and  both  will  tend  to  perpetuate,  by  a natural  reaction,  the  causes  that 
produced  them. 

Concun-ing  thus  fully  in  the  benevolent  objects  of  tlie  memorialists, 
and  believing  that  there  is  a visible  tendency  in  the  spirit  and  institu- 
tions of  the  age  towards  the  practical  accomplishment  of  it  at  some 
future  period,  the  Committee  regret  to  have  to  say  that  they  have  not 
the  same  confidence  in  the  means  recommended  in  the  petition.  They 
are  of  opinion  that  reforms  so  fundamental,  can  only  be  brought  about 
by  the  gradual  progress  of  civilization,  and  in  consequence  of  a real 
change  in  the  condition  of  society.  They  must  follow  events,  and 
conform  to  them ; they  cannot,  by  any  contrivance  of  man,  be  made  to 
precede  and  control  them.  All  attempts,  in  such  matters,  except  by 
bloody  revolutions  or  conquests,  to  anticipate  the  natural  course  of 
tilings,  are  entirely  unavailing. 

The  scheme  of  the  memorialists  is,  as  wo  have  seen,  to  refer  all 
international  disputes  to  a Congress  of  deputies,  and  to  authorize  that 
Congress  to  digest  a code  of  public  law  that  shall  be  binding  only  on 
such  powers  as  should  voluntarily  adopt  it. 

Tlie  first  objection  to  this  plan  lies  upon  the  surface,  and  is  entirely 


163 


APPENDIX. 


671 


fatal.  The  unanimous  consent  of  nations,  in  the  actual  state  of  the 
world,  to  such  a proposal,  is  — as  any  one  will  be  convinced  who 
reflects  a moment  upon  their  political  relations,  or  will  but  cast  his  eye 
over  a map  of  Europe  — entirely  out  of  the  question ; and  the  refusal  of 
a single  great  power  to  acquiesce  in  it,  would  alone  render  it  abortive. 
This  is  not  matter  of  speculation ; it  is  what  has  actually  occurred  in 
one  of  the  most  important  departments  of  international  law.  The 
House  is  aware  that  Great  Britain  maintains  doctrines  in  reference  to 
the  maritime  rights  of  belligerents,  which  were  formally  disavowed 
and  denounced,  during  tlie  war  of  our  Revolution,  by  almost  all  the 
leading  powers  of  Europe,  banded  together  to  resist  the  enforcement  of 
them  in  practice.  On  some  of  the  points  involved  in  the  declarations 
of  the  Armed  Neutrality,  our  own  prize  courts  have  followed,  perhaps 
too  implicitly,  those  of  England ; but  on  others  — for  example,  the  rule, 
as  it  is  called,  of ’56  — they  have  adhered  to  the  law,  as  explained  by 
that  famous  league.  And  yet,  against  the  concurring  opinions  of  all 
the  rest  of  the  civilized  world,  and  in  spite  of  the  bloody  wars  to  which 
the  exercise  of  her  pretended  rights  has  led,  and  may  yet  lead.  Great 
Britain  maintains  her  principles,  irreconcilable  as  they  are  with  the 
practice  of  nations  in  analogous  cases  on  land,  and  indeed  witli  all 
modem  ideas  of  civilized  warfare ; and  even  interposes  her  overruling 
influence  to  prevent  any  of  the  minor  states  of  Europe  from  adopting, 
for  their  own  convenience,  provisions  inconsistent  with  those  principles, 
in  treaties  professedly  confined  to  the  parties  making  them.  What 
declaration  of  a Congress,  constituted  as  the  one  in  question  would  be, 
can  be  expected  to  have,  by  the  mere  weight  of  its  authority,  more 
effect  on  the  opinions  and  the  conduct  of  mankind,  than  that  of  such  a 
formidable  coalition  as  the  Armed  Neutrality? 

Had  England  not  engrossed  the  empire  of  the  seas  for  about  a cen- 
tury past,  it  is  scarcely  possible  to  doubt  but  that  the  law  of  maritime 
captures  would  have  been  made  to  correspond  more  strictly  with  the 
analogies  of  war  on  land,  and  private  property  been  held  as  sacred  in 
the  one  case  as  in  the  other.  It  is  worthy  of  notice,  that  at  the  Con- 
gress of  Utrecht,  before  her  ascendant  was  established,  that  power  was 
an  advocate  of  the  rights  of  neutrals.  She  is  now  their  worst  enemy ; 
and  her  resistance  presents  an  obstacle,  for  the  present  at  least,  quite 
insuperable  to  any  reform  in  this  particular ; just  as  tlie  refusal  of 
either  France,  or  Austria,  or  Russia,  &c.,  would  be  fatal  to  the  project 
of  the  memorialists.  Such  is  the  preponderance  of  these  powers  in  the 
balance  of  Europe,  so  peculiar  and  so  various  their  interests,  so  many 
changes  will  be  necessaiy  in  most  of  them  to  bring  their  institutions 
into  harmony  with  the  leveling  spirit  of  the  age,  and  so  to  make  it  all 


672 


APPENDIX. 


164 


safe  for  them  to  submit  to  any  arbiter  but  force,  that  it  were  chimerical 
to  expect  their  cooperation  in  any  plan  to  dispense  with  it  altogether. 
When  Henry  IV  conceived  Ms  project  of  perpetual  peace,  he  did  not 
look  for  the  countenance  or  consent  of  the  then  predominant  house 
of  Austria.  On  tlie  contrary,  his  first  object  was  to  overcome  the 
resistance  which  he  expected  from  tliat  quarter.  His  grand  scheme  of 
pacification  was  founded  on  as  vast  a one  of  preparatory  war  and  rev- 
olution. That  house  was  to  be  reduced  ; its  power  broken ; its  terri- 
tories partitioned.  This  was  evidently  an  indispensable  prerequisite, 
and  liis  was  too  practical  a mind  not  to  perceive  it.  The  Committee 
will  add  here,  what  will  be  found  to  illustrate  another  proposition 
advanced  in  this  report,  tliat  his  project  assumed  a still  more  important 
alteration  in  the  interests  and  relations  of  mankind.  It  constituted 
Europe  on  an  entirely  new  basis.  He  would  have  built  up  a balance 
of  power  on  something  like  an  equality  of  territory.  He  would  have 
dealt  with  that  continent  as  an  ancient  lawgiver — a Moses  or  Lycur- 
gus  — would  have  dealt  witli  the  soil  of  a particular  country,  distribu- 
ting it  on  agrarian  principles,  in  order  that  his  new  constitution  of 
society  should  have  something  solid  to  rest  upon  in  the  nature  of 
things.  In  this  respect,  too,  as  the  Committee  will  presently  endeavor 
to  show,  he  evinced  a practical  wisdom  far  above  such  a dream  as  that 
of  a revolution  in  the  whole  conduct  of  nations,  to  be  effected  by  a 
mere  declaration  of  abstract  principles  on  paper  or  parchment. 

And  this  leads  to  the  second  objection,  which  is,  that  even  if  the 
consent  of  all  the  great  powers  — supposing  their  present  relations 
toward  one  another  to  remain  precisely  as  they  are  — could  be  obtained 
to  such  an  experiment,  there  seems  to  your  Committee  to  be  no  reason 
for  anticipating  any  good  result  from  either  of  the  expedients  recom- 
mended by  tlie  memorialists. 

First:  with  regard  to  a code  of  international  law.  Nothing,  in  the 
opinion  of  your  Committee,  is  more  fallacious  than  the  idea  that  mere 
positive  legislation,  when  not  preceded  or  accompanied  by  conquest  or 
revolution,  has  ever  liad  a very  important  agency  in  human  affairs. 
This  proposition,  they  are  aware,  may  seem  paradoxical  at  a period 
when  so  much  is  said  about  written  codes  and  constitutions ; but  it  is 
fully  established  by  experience,  even  were  it  not,  as  it  is,  sufficiently 
clear  a priori.  The  most  renowned  systems  of  legislation  have  been 
the  slow  work  of  time,  modified  in  some  degree,  and  improved  by  an 
enlightened,  experimental  wisdom,  taking  advantage  of  circumstances, 
rather  than  aspiring  to  control  them.  Even  when  reduced  to  the  foim 
of  codes,  they  have  done  little  more,  when  they  have  done  any  good  at 
all,  tlian  record  with  precision,  and  clothe  in  solemn  form,  the  opinions. 


165 


APPENDIX. 


673 


usages  and  manners  of  a people,  with  such  limited  modifications  of 
them  as  have  been  just  alluded  to.  The  Committee  will  not  trouble 
tire  House  with  the  elaborate  development  to  which  the  importance  of 
this  great  and  fundamental  truth  would,  on  a proper  occasion,  so 
fully  entitle  it ; nor  by  citing  examples  which  it  would  be  easy  to 
multiply,  to  confirm  and  illustrate  it.  But  there  is  one  of  these,  too 
often  mentioned  to  be  overlooked,  too  striking  to  be  slighted,  and  yet 
in  general  so  little  understood  as  to  require  a statement  of  the  precise 
truth  in  regard  to  it:  they  mean  tlie  Justinian  collection,  which  is 
habitually  cited  as  an  instance  of  written  law,  properly  so  called,  that 
is,  of  law  arbitrarily  prescribed  by  the  supreme  power  in  the  state ; yet 
every  civilian  knows  that  the  great  bulk  and  body  of  the  corpus  juris 
civilis  is  strictly  common  law,  the  law,  namely,  of  opinion,  of  interpreta- 
tion, and  of  practice.  The  Pandects  are,  from  beginning  to  end, 
nothing  but  a repository  of  the  wisdom  of  tlie  great  jurisconsults  of  a 
better  age,  delivered  to  the  public  in  the  shape  of  treatises,  institutes 
and  maxims,  or  in  that  of  consultations  or  opinions  solving  questions  of 
practical  jurisprudence. 

But  if  this  be  true  even  of  the  law  of  property  and  contract  [meum 
and  tuum),  it  is  obviously  still  more  applicable  to  public  law  in  both  its 
gi-eat  branches,  tlie  constitutional  and  the  international,  but  especially 
the  latter.  As  to  constitutions,  the  experience  of  tlie  last  half  century 
supersedes  the  necessity  of  saying  a word  about  their  total  inefficacy 
where  a people  is  not  ripe  for  them ; or,  in  other  words,  where  they 
are  arbitrarily  made  for  a people.  Such  an  instrument  is  a mere  de- 
ception, not  worth  the  parchment  on  which  it  is  engrossed.  None  hut 
the  most  visionary  minds  can  now  have  any  faith  in  the  mysteries,  once 
held  in  such  reverence,  of  written  forms.  Our  own  government  has 
been  absurdly  cited  as  an  example  of  the  kind.  It  is,  as  the  House  is 
aware,  a remarkable  instance  of  the  very  reverse.  Its  two  prominent 
characteristics,  its  two  vital  principles  as  a federal  republic — the  pop- 
ular representation  in  one  branch  of  the  legislature,  the  equality  of 
voices  in  the  other — are  founded  on  facts,  of  which  the  existence  is 
quite  independent  of  all  constitutions,  and  which  may  be  considered  as 
primordial  in  this  country.  The  States  were  as  free,  even  as  republi- 
can before  the  Revolution,  as  they  are  now ; they  were  at  the  same 
time,  independent  communities,  connected,  indeed,  by  many  ties,  but 
especially  by  geographical  position  and  by  their  common  relation  to 
the  mother  country,  but  still  distinct  and  independent  of  each  other.  It 
might  have  been  predicted  with  confidence,  that  no  govermnent  could 
be  formed  which  sliould  not  reconcile,  as  far  as  possible,  both  these 
85 


674 


APPENDIX. 


166 


facts.  Wasliing'ton,  for  example,  as  is  very  apparent  from  his  . corre- 
spondence, as  well  as  from  liis  conduct,  had,  witli  tliat  sound  good  sense 
and  large,  compreliensive  and  practical  Avisdom  so  characteristic  of 
him,  a clear  perception  of  tliis  truth.  The  form  of  the  Legislative 
Assembly,  composed  of  two  Houses,  was  the  established  one  of  the 
country — a part  of  its  common  law  and  hereditary  liberties,  and  those 
of  the  whole  English  race  : but  how  Avere  those  Houses  to  be  constitu- 
ted.^ Here  Avas  a neAv  question,  and  the  only  neAv  question;  and  yet 
the  solution  of  it,  in  the  very  manner  in  AAdiich  it  Avas  solved,  was  inev- 
itable. No  one  can  imagine,  that  on  any  merely  theoretical  principles 
the  State  of  Virginia  could  have  been  brought  then,  or  the  State  of 
Noav  York  could  be  brought  now,  for  tlie  first  time,  to  consent  tliat  her 
immense  numerical  superiority  should  be  neutralized  in  the  equal  vote 
of  the  Senate.  So  far,  hoAvever,  from  being  tlie  strange  anomaly  wliich 
a foreigner  might  imagine  it,  it  is  tlie  most  natural  thing  in  the  world ; 
so  far  from  being  an  arbitrary  institution  it  is,  so  to  express  it,  a corol- 
lary floAving  out  of  our  Avhole  history ; instead  of  being  the  creature  of 
tlie  constitution,  it  Avas  its  necessary,  indispensable  condition.  Nor  is 
it  merely  because  it  is  recognized  in  that  constitution,  and  clothed  by 
it  Avith  a peculiar  sanctity,  that  it  maintains  its  place  there  ; it  rests  on 
more  solid  ground — on  public  opinion.  The  spirit  Avhich  produced  it 
is  still  in  all  its  pristine  vigor ; the  fact,  of  Avhich  it  Avas  the  expression, 
still  exists ; the  States,  one  and  all  of  them,  have  a deep  interest  in 
maintaining  their  independence  as  States,  and  avouM  unite  in  resisting 
a change  Avliicli  Avould  arm  the  strong  against  the  Aveak,  to  the  common 
ruin.  The  Senate  is  tlius  fully  a counterpoise  to  the  other  House  > 
because,  like  that  House,  it  is  the  sign  of  a living  poAver — the  repre- 
sentative of  an  actual  interest ; because,  like  it,  it  is  founded  upon  a 
state  of  opinion,  and  of  things  Avhich  cannot  be  changed  Avithout  Avar — 
to  maintain  Avhich,  men  Avould  be  Avilling  to  lay  doAvn  their  lives,  and 
to  sacrifice  even  the  government  itself.  It  is  this  that  gives  to  the 
Senate  of  the  United  States  more  Aveight  and  efficiency  than  belong  to 
any  similar  body,  any  House  of  Lords,  or  Chamber  of  Peers,  in  the 
Avorld.  But  tliis  unquestionable  truth  at  the  same  time  sufficiently  evin- 
ces, that,  of  all  chimeras,  it  is  the  wildest  to  expect  to  see  similar  institu- 
tions established,  to  any  practical  good  purpose,  in  countries  Avhere 
there  are  no  facts  that  ansAver  to  them. 

But  if  codes  of  municipal  and  constitutional  laAv,  to  be  effective  must 
mainly  form  themselves  in  the  silent  progress  of  events,  we  find  in  in- 
ternational laAv  a body  of  jurisprudence  which  is,  and  of  necessity  must 
be,  exclusively  the  groAvth  of  opinion.  There  is  here  no  legislative 
poAver,  no  connnon  arbiter,  nothing  but  an  occasional  convention  or  es- 


167 


APPENDIX. 


675 


tablished  usage,  to  give  sanction  to  its  precepts.  And  yet  whoever, 
fresh  from  the  history  of  mankind  in  more  remote  ages,  shall  open  the 
great  work  of  Grotius,  will  be  struck  with  the  immense  progress  of 
society,  revealed  in  every  page  of  it.  This  justly  celebrated,  and  still, 
in  its  kind,  unrivaled  collection  of  the  maxims  of  international  justice, 
standing  on  the  very  threshold  of  what  is  properly  called  modern  history, 
ought  to  be  considered,  perhaps,  as  the  grandest  monument  which 
human  hands  have  yet  erected  to  the  influence  of  Christianity.  Be- 
fore the  16th  century,  the  conventional  law  of  nations  hardly  deserves 
notice ; treaties  are  but  few  and  meagre : but  Europe  was  a family  of 
nations  bound  together  in  the  unity  of  a common  faith,  and  the  law  of 
enlightened  reason  and  of  good-will  among  men,  proclaimed  from  the 
pulpit  and  at  the  altar,  established  itself,  gradually  and  by  tacit  consent, 
in  the  practice  of  mankind.  It  is  thus  that  most  of  the  usages  which 
give  such  a hideous  and  barbarous  aspect  to  war,  even  in  the  most 
civilized  periods  of  antiquity,  have  been  effaced.  Certainly,  some 
additional  reforms  might  be  made  in  international  law,  as,  for  example,  in 
the  matter  of  maritime  captures,  to  which  allusion  has  already  been 
had.  These  reforms,  to  the  honor  of  our  countiy  be  it  said,  have  been 
incessantly  aimed  at  and  perseveringly  pursued,  in  her  negotiations, 
from  the  very  first  into  which  she  entered  as  an  independent  nation, 
down  to  the  present  time.  Your  Committee  trust  that  no  administration 
will  ever  lose  sight  of  them ; they  are  confident  of  ultimate  success ; 
they  have  unlimited  faith  in  the  truth,  justice,  and  wisdom  of  the  max- 
ims involved  in  those  reforms ; but  it  is  only  from  the  gradual  progress 
of  social  improvement  that  such  a consummation  is  to  be  hoped  for. 
It  is  not  a code  or  collection  of  these  maxims  that  is  wanted : it  is  the 
power  to  enforce  or  the  spirit  to  practise  them  which  no  code  can  give. 

With  regard  to  the  proposed  international  board  of  arbitration,  the 
objections  of  the  Committee  are  still  stronger.  A code  digested  and 
promulged  as  the  memorialists  desire,  would  do  no  good,  but  it  could 
scarcely  do  any  harm.  Not  so  with  a tribunal  of  any  sort.  The  prob- 
ability, to  be  sure,  is,  that  the  decrees  of  such  a one  as  is  here  contem- 
plated would  be  merely  nugatory ; but,  if  it  had  any  influence  at  all,  it 
might,  in  the  actual  relations  of  the  great  powers,  easily  be  perverted 
to  the  worst  ends.  It  might  be  made  especially  to  impede  the  progress 
of  the  very  improvements  it  would  have  been  instituted  to  promote,  and, 
instead  of  disarming  the  mighty,  become  in  their  hands  an  engine  of 
usurpation  and  tyranny.  He  is  but  superficially  versed  in  the  history 
of  nations  who  does  not  know  that  some  of  the  greatest  revolutions  in 
society  have  been  brought  about  through  the  instrumentality  of  judicial 
tribunals.  The  Committee  will  cite  but  one  example : they  refer  to 


676 


APPENDIX. 


168 


the  gradual  subversion  of  the  feudal  confederacy  of  France,  by  the 
crown  exercising,  as  it  did,  a paramount  influence  over  a nominal 
court  of  peers.  Tlie  autliority  of  law,  once  established  and  acknowl- 
edged among  men,  is  second  only  to  that  of  religion.  Judges  do  much 
more  than  pronounce  and  enforce  judgment  in  particular  cases ; they 
shape  the  opinions  of  manlcind  in  analogous  ones ; and  tliose  opinions, 
as  vre  have  seen,  are  tlie  basis  of  all  govermnent  and  legislation. 

It  will  immediately  occur  to  tlie  House,  that  the  only  republic  in  the 
world  should  be  very  careful  not  to  commit  its  destinies,  in  any  serious 
degree,  to  institutions  whicli  might  and  would  be  controlled  by  influ- 
ences hostile  to  its  principles;  and,  the  more  especially,  as  the  natural 
tendency  of  things  is  more  favorable  to  those  principles  than  any  policy 
shaped  or  controlled  by  the  existing  governments  of  Europe  can 
possibly  be  expected  to  prove.  In  the  nature  of  tilings,  every  organ, 
however  constituted,  of  such  governments,  must  speak  tlie  language  of 
what  is  called  “ resistance  ” to  tlie  spirit  of  the  age ; and  if  any  thing 
could  enable  them  to  resist  that  spirit,  it  would  be  a permanent  Con- 
gress of  Laybach  or  Verona,  laying  down  tlie  law  of  war  and  peace  for 
all  nations.  This  was,  indeed,  the  very  scheme  of  the  Holy  Alliance, 
to  which  this  country  was  formally  invited  to  accede. 

The  example  of  the  Amphictyonic  Council  of  Greece,  which  has 
been  cited  with  confldence  by  the  petitioners,  is,  in  the  opinion  of  the 
Committee,  as  unfavorable  to  their  purpose  as  any  that  could  be  select- 
ed from  the  records  of  the  past.  Without  going  into  a critical  exam- 
ination of  its  history,  for  ivhicli  this  is  not  a suitable  occasion,  it  is 
sufficient  to  refer  to  indisputable  general  results,  to  what  every  one 
who  will  cast  his  eye,  however  carelessly,  over  the  annals  of  those 
coimnonwealths,  will  at  once  perceive — that  it  had  no  effect  whatever  in 
healing  their  fatal  dissensions ; that  so  long  as  there  was  any  thing 
like  a balance  of  power  among  the  principal  states,  they  continued  to 
make  war  upon  each  other,  without  tire  least  regard  to  the  imaginary 
jurisdiction  of  that  assembly;  that,  although  by  its  constitution  the 
twelve  peoples  composing  it  had  each  an  equal  voice  in  it,  whatever 
might  be  their  inequality  of  weight  and  importance,  yet  its  decisions 
were  continually  and  openly  swayed  by  the  influence  of  the  power  or 
powers  in  tlie  ascendant  for  the  time  being ; and  finally,  that  it  was  by 
availing  himself  of  his  absolute  control  over  it,  and  by  taking  advan- 
tage of  a favorable  juncture  in  affairs  brought  about  by  its  policy,  that 
Philip  of  Macedon  found  a plausible  pretext,  and  a show  of  legitimate 
authority,  to  sanctify  the  machinations  which  he  had  been  long  con- 
triving, and  the  war  which  he  ultimately  waged  with  success  against 
the  liberties  of  Greece. 


169 


APPENDIX. 


677 


Every  other  mere  confederation,  both  in  ancient  and  modern  times, 
except  under  circumstances  so  peculiar  as  to  make  them  unfit  to  be 
considered  as  precedents,  has  been  attended  with  the  same  results. 
Either  the  leading  members  of  them,  at  the  head  of  standing,  systematic 
parties,  have  been  at  perpetual  war  with  eacli  other,  or  the  overruling 
ascendant  of  some  one  of  them  has  enabled  it  to  invade  the  rights  of 
all  the  rest,  in  every  form  of  violence  and  artifice.  The  late  German 
empire,  for  example,  affords  us  instances  of  both  these  tendencies. 
Some  of  the  longest  and  most  desolating  wars  that  have  scourged 
Europe  have  grown  out  of  the  conflicting  interests  of  the  members  of 
that  league  of  peace,  and  had  for  their  avowed  object  the  adjustment 
of  those  interests  according  to  the  true  theory  of  its  public  law.  This 
was  as  much  the  case  after  as  before  the  treaty  of  Westphalia,  althougli 
one  capital  object  of  that  memorable  negotiation  was  to  reform  the 
constitution  or  the  administration  of  the  Imperial  Chamber  and  the 
Aulic  Council  — in  which  jurisdiction  in  federal  and  feudal  causes  had 
been  vested,  without  any  effect,  however,  in  deciding  them  to  the 
satisfaction  of  the  weaker  party.  Neitlier  ought  it  to  be  forgotten,  that 
by  that  treaty  a majority  of  suffrages  in  the  diet  was  no  longer  to  give 
the  law  in  any  matters  that  related  to  religion,  or  in  wliich  the  two 
great  parties,  as  such,  should  vote  differently,  or,  in  general,  in  any 
case  wherein  all  the  states  could  not  be  considered  as  forming  a single 
consolidated  nation.  In  all  such  cases,  the  questions  submitted  to 
them  were  to  be  treated  as  those  arising  between  foreign  nations,  and 
to  be  arranged  by  compromise,  with  no  appeal  but  to  the  sword.  So 
difficult  is  it  to  accomplish  what  the  memorialists  propose,  — the 
peaceful  decision  of  controversies  between  states  whose  interests  are 
materially  different, — that  even  where  tribunals  have  been  instituted 
for  that  purpose,  the  abuses  to  which  they  have  been  made  to  lend  their 
authority  have  seldom  failed,  in  the  end,  to  aggravate  and  multiply  the 
very  evils  they  were  intended  to  prevent.  Experience  shows,  tliat  of 
all  wars,  the  most  obstinate  and  terrible  are  those  which  grow  out  of 
such  abuses.  They  partake  of  the  nature  of  revolution  and  civil  war ; 
the  color  of  authority  on  the  one  side,  the  sense  of  injustice  on  tlie 
other,  inflame  the  usual  bitterness  of  hostility ; and  battles  are  more 
sanguinary,  and  victory  less  merciful,  where  the  contest  is  waged  by 
parties  standing  towards  each  other  in  the  supposed  relation  of  rebel 
and  tyrant.  Such  institutions,  therefore,  unless  where  the  circum- 
stances of  a country  are  very  peculiar,  have  inevitably  one  of  two 
effects : they  either  strengthen  the  hands  of  the  oppressor,  or  they  lead 
to  dreadful  and  desolating  wars  to  overthrow  him ; sometimes,  as  in 


678 


APPENDIX. 


170 


the  case  of  the  Germanic  empire,  and  the  liouse  of  Austria  in  the 
seventeenth  century,  to  both. 

Upon  the  wliole,  your  Committee  are  of  opinion  that  time  is  the  best 
reformer  in  such  things,  and  that  any  attempt  to  anticipate  the  natural 
progress  of  events,  by  institutions  arbitrarily  adopted,  would  either  be 
vain,  or  something  worse  than  vain.  They  have  endeavored  to  show 
that  the  cause  of  peace  is  visibly  gaining  ground ; that  mankind  are 
already  become,  and  will  daily  become  more  and  more  indisposed  to 
sacrifice  tlieir  comforts  and  tlieir  business  to  the  ambition  of  govern- 
ments ; nay,  that  governments  themselves,  partaking  of  the  spirit  of  the 
times,  or  dreading  its  effects,  avoid,  as  much  as  possible,  those  ruinous 
contests  by  which  nations  are  rendered  discontented,  and  rulers  more 
dependent  on  them,  just  when  suffering  and  poverty  most  dispose  them 
to  revolt.  Instead  of  Congresses  to  put  an  end  to  war,  generally  on 
tlie  foot  of  the  statu  quo  ante  helium,  tliere  are  Congresses  to  prevent  a 
rupture,  and  piles  of  protocols  attest  that  power,  as  was  said  of  the 
Spartans  after  a memorable  defeat,  has  lost  mucli  of  its  insolent  and 
peremptory  brevity  of  speecli.  The  truth  is,  tliat  every  war  hereafter 
will,  by  the  social  disorders  that  are  likely  to  accompany  or  to  follow 
sucli  an  event,  throw  additional  obstacles  in  the  way  of  future  ones. 
The  sword  will  thus  prove  the  surest  guaranty  of  peace. 

Your  Committee,  tlierefore,  do  not  think  the  establishment  of  a per- 
manent international  tribunal,  under  the  present  circumstances  of  the 
world,  at  all  desirable  ; but  they  heartily  concur  with  tlie  memorialists 
in  recommending  a reference  to  a third  ])ower  of  all  such  controversies 
as  can  safely  be  confided  to  any  tribunal  unknown  to  the  constitution 
of  our  own  country.  Such  a practice  will  be  followed  by  other  powers, 
already  inclined,  as  we  have  seen,  to  avoid  war,  and  will  soon  grow  up 
into  the  customary  law  of  civilized  nations.  They  conclude,  therefore, 
by  recommending  to  the  memorialists  to  persevere  in  exerting  whatever 
influence  they  may  possess  over  public  opinion,  to  dispose  it  habitually 
to  the  accommodation  of  national  differences  without  bloodshed ; and 
to  the  House,  the  adoption  of  the  following  resolution : 

Resolved,  That  the  Committee  be  discharged  from  the  further  con- 
sideration of  the  subject  referred  to  them. 


171 


APPENDIX. 


679 


No.  9. 

Second  Petition  of  the  American  Peace  Society  to  Congress. 

To  the  Honorable  Senate  and  House  of  Representatives  of  the  United 

States  of  America,  in  Congress  assembled : 

The  undersigned,  President  and  Executive  Committee  of  the  Amer- 
ican Peace  Society,  by  the  autliority  and  in  behalf  of  tliat  Society, 
present  the  following  memorial  and  petition : 

Believing  that  tlie  custom  of  war  between  Christian  nations  is  bar- 
barous and  unnecessary,  and,  to  quote  the  language  of  the  illustrious 
Jefferson,  “that  war  is  an  instrument  entirely  inefficient  toward  redress- 
ing wrong,  and  that  it  multiplies  instead  of  indemnifying  losses ; ” and 
being  fully  assured,  tliat  the  time  has  at  length  come,  when  a more 
cheap,  humane,  equitable  and  Christian  metliod  of  settling  international 
contests  may  be  obtained,  we  petition  your  honorable  bodies  to  take 
such  means  as  may  appear  to  your  wisdom  best  adapted  to  this  desir- 
able end. 

The  plan  which  your  petitioners  would  venture  to  suggest,  as  best 
adapted  to  bring  about  so  desirable  a consununation,  is  simple  and  easy 
to  be  accomplished.  It  consists  of  two  distinct  parts,  either  of  which 
may  be  accomplished  without  the  otlier ; but  their  practicability  and 
utility  would  be  promoted  by  the  union  of  both. 

1.  A Congress  of  Ambassadors  representing  such  of  the  governments 
of  Christendom  as  shall  unite  in  the  measure,  for  the  purpose  of  digest- 
ing a code  of  international  law,  to  be  adopted  by  the  universal  consent 
of  the  Congress,  voting  by  nations,  and  binding  only  on  the  govern- 
ments that  shall  freely  adopt  it.  When  this  work  is  carried  as  far  as 
the  circumstances  of  the  times  will  permit,  the  Congress  may  be  dis- 
solved, or  adjourned  slue  die,  to  be  reassembled  when  circumstances 
favorable  to  a furtlier  amelioration  of  tlie  condition  of  man  may  be  de- 
veloped. 

2.  An  international  tribunal,  consisting  of  eminent  civilians,  ap- 
pointed by  the  government  of  each  of  the  concurring  powers,  to  hold 
their  offices  during  good  behaviour,  who  shall  judge  all  cases  brought 
before  them  by  tire  mutual  consent  of  any  two  or  more  nations,  to  liold 
tlieir  sessions  in  any  of  the  countries  of  the  high  contracting  parties, 
except  in  the  territory  of  either  of  the  parties  appealing  to  them  for 
judgment,  who  shall  base  their  decisions  on  the  abovementioned  code 
pf  laws,  so  far  as  it  is  settled,  and  when  that  fails,  on  the  principles  of 


680 


APPENDIX. 


172 


equity;  such  judgments  to  be  enforced  only  by  tlie  power  of  public 
opinion,  and  sucli  other  peaceful  means  as  the  nations  shall  adopt  by 
their  ambassadors  in  Congress  assembled. 

Your  petitioners  are  aware,  that  the  progress  of  such  a Congress 
would  be  slow,  but  the  results  would  be  the  more  permanent  and  val- 
uable. It  would  begin  by  adopting  those  principles  which  are  almost 
self-evident,  and  would  advance  to  those  which  are  more  doubtful  and 
complicated.  Experience  has  sliown  on  moral  subjects,  no  less  than 
in  the  exact  sciences,  that  when  first  principles  have  been  finnly  estab- 
lished,  the  most  complicated  propositions  may  be  demonstrated,  and 
also  when  people  once  licartily  begin  to  promote  a good  work,  tliat  a 
spirit  of  mutual  concession  is  generated,  which  will  make  crooked 
things  straight,  remove  mountains  of  difficulty,  and  fill  up  intervening 
valleys  ; — which  truth  our  own  country,  both  under  the  old  confedera- 
tion and  the  new  constitution,  has  abundantly  exemplified. 

It  is  not  long  since  the  world  was  ruled  altogether  by  the  sword,  but 
now,  “ opinion  is  the  queen  of  the  world,”*  and  begins  to  extend  lier 
legitimate  sway  over  the  nations  of  the  eartli.  Her  power  will  increase 
as  civilization  extends,  and  the  marcli  of  civilization  is  commensurate 
with  the  duration  of  peace  and  the  extent  of  peace  principles.  It  is 
the  gospel  of  peace  which  will  “rebuke  strong  nations  afar  off,”  and 
compel  them  by  the  power  of  public  opinion  to  “ beat  their  swords  into 
ploughshares,  and  tlieir  spears  into  pruning-hooks.”f 

We  live  in  an  age  wlien  the  bare  attempt  to  do  that  which  ought  to 
be  done,  insures  success.  The  speed,  with  which  great  enterprises  are 
carried  to  their  successful  consummation,  is  no  more  to  be  measured  by 
tlie  creeping  pace  of  public  opinion  in  by-gone  ages,  than  the  velocity 
of  a railroad  car  is  to  be  judged  by  the  slow  movements  of  the  cum- 
bersome wains  of  antiquity. 

If  ancient  attempts  to  preserve  peace  by  an  international  tribunal, 
were  only  partially  successful,  that  ought  not  to  discourage  us  from 
making  similar  attempts  on  a larger  scale,  and  in  a moi'e  mature  state 
of  society,  any  more  tlian  the  entire  failure,  or  only  partial  success,  of 
former  attempts  at  a steam-boat,  ought  to  have  discouraged  Fulton. 
The  partial  success  of  tlie  Old  Confederation,  fonned  for  the  govern- 
ment of  the  Union  in  177.5,  in  a time  of  war,  excitement,  and  inexperi- 
ence in  the  art  of  self-govermnent,  did  not  discourage  the  framers  of 
the  New  Constitution  in  1787 ; but  it  must  be  confessed,  that  the  Old 
Confederation  was  the  parent  of  the  New  Constitution,  and  had  not 


* John  Q..  Aitims’s  Plii  lieta  Kappa  Address. 


t Micali  4:  3. 


173 


APPENDIX. 


681 


that  existed,  this  could  never  have  been  born.  Tlie  framers  of  tlie  New 
Constitution  profited  by  the  eiTors  of  their  predecessors,  and  produced 
an  institution  which  has  astonished  and  delighted  the  world.  All 
improvement  is,  in  its  very  nature,  progressive.  Let  the  present  gene- 
ration form  a confederation  of  Christian  nations  for  desirable  purposes, 
— the-  next  generation  will  produce  a constitution  which,  while  it  will 
leave  every  nation  perfectly  independent  as  to  all  internal  affairs  and 
forms  of  government,  will  bind  all  civilized  nations  in  one  bond  of 
peace  and  good-will. 

It  is  no  good  reason  why  there  should  be  no  Congress  of  Nations, 
because  it  cannot  do  every  thing.  Nor  will  the  refusal  of  one  or  even 
many  nations  to  concur,  entirely  defeat  our  enterprise.  If  no  other 
than  Great  Britain,  France  and  tlie  United  States  should  agree  on  any 
article  of  international  law,  the  principle,  thus  settled  by  the  three 
chief  commercial  powers  in  the  world,  would  soon  become  the  law  of 
nations,  by  the  bare  power  and  impulse  of  moral  truth.  For  instance, 
should  these  three  powers  repudiate  the  practice  of  privateering,  the 
relinquishment  of  that  practice  would  forthwith  be  a blessing  to  the 
high  contracting  parties,  and  this  relic  of  barbarism  would  soon  be 
relinquished  by  every  Christian  nation. 

As  tlie  contemplated  Congress  would  have  nothing  to  do,  and  could 
have  nothing  to  do,  with  the  internal  affairs  of  nations,  it  could  be  no 
more  dangerous  to  our  free  institutions  tlian  a treaty  of  peace  and  com- 
merce, entered  into  by  us  with  the  ambassador  of  a monarchical  gov- 
ernment Even  a general  treaty  of  peace,  entered  into  by  all  tlie 
powers  of  Christendom,  especially  if  we  should  not  be  bound  by  any 
article  of  such  a treaty,  unless  we  should  voluntarily  and  formally 
assent  to  it,  could  not  endanger  our  free  institutions.  Despotic  institu- 
tions would  be  more  endangered  by  a Congress  of  nations,  than  our 
republican  principles.  It  was  well  observed  in  the  Report  of  the 
Committee  of  Foreign  Relations  on  this  subject,  presented  to  Congress 
at  its  last  session,  “War  has  ever  been  the  fruitful  source  of  arbitrary 
power.  They  are,  to  a certain  degree,  inseparable.”  By  preventing 
war,  then,  we  promote  free  institutions  in  other  countries,  and  secure 
them  in  our  own. 

If  a good  thing  be  liable  to  abuse,  we  should  not  deem  that  a suffi-  * 
cient  argument  against  its  adoption ; otherwise  we  must  throw  away  all 
the  improvements  of  society,  both  physical  and  moral.  The  constantly 
advancing  improvements  in  the  world  are  a sure  guaranty,  that  when  a 
thing  is  good  in  itself,  the  good  will  gain  an  increasing  preponderance, 
which  will  finally  reduce  the  evil  to  the  “ small  dust  of  the  balance.” 
If  bodies  armed  with  physical  force  are  dangerous,  it  does  not  follow 


682 


APPENDIX. 


174 


tJiat  similar  bodies,  armed  only  with  moral  power,  will  be  dangerous 
also.  Bodies  so  constituted  that  there  is  “ no  appeal  from  them  but  to 
the  sword,”*  may  he  dangerous,  while  those  that  have  no  appeal  but  to 
public  opinion  may  be,  at  least,  harmless.  If  the  fact,  that  civil  war  is 
more  bitter  than  foreign, and  that  the  “battles  are  more  sanguinary,  and 
victory  less  merciful,”*  which  grow  out  of  the  organization  of  society, 
be  of  sufficient  weight  to  discourage  such  organizations,  then  society 
must  revert  to  its  first  elements,  and  all  government  but  that  of  brute 
force  be  superseded.  Mankind  have  so  long  been  used  to  consider  the 
sword  as  the  only  legitimate  sceptre,  by  which  the  world  should  or 
could  be  governed,  they  forget  that  there  is  any  power  in  enlightened 
public  opinion. 

“ A reference  to  a third  power  of  all  such  controversies  as  could 
be  safely  confided  to  any  tribunal  unknown  to  the  constitution  of  our 
country,”  has  been  already  recommended  by  the  Committee  on  Foreign 
Relations.  The  Executive  of  the  country  has  already  shown  its  con- 
currence by  frequently  submitting  disputes  between  the  United  States 
and  other  nations  to  the  crowned  heads  of  Europe.  This  course  has 
received  the  decided  approbation  of  our  own  country,  and  elicited  the 
admiration  of  tlie  whole  Christian  and  civilized  world.  The  only 
questions,  then,  which  remain,  are  these : 

1.  Whether  this  course  should  continue  to  be  an  occasional  measure, 
or  become  a systematic  and  general  rule  ? 

2.  Whether  the  judges,  or  umpires,  in  tliese  cases  are  to  act  by  the 
immediate  impression  of  truth  or  error  on  their  minds,  or  be  governed 
in  their  decisions  by  known  and  acknowledged  principles  and  laws, 
recognized  and  adopted  by  the  parties  in  controversy  ? 

3.  Whether  we  should  continue  to  leave  our  disputes  to  the  monarchs 
of  Europe,  singly  and  individually,  or  to  a body  of  jurists,  selected  from 
the  diflerent  states  composing  the  proposed  confederation,  already 
distinguished  for  their  legal  talents  and  integrity. 

On  these  three  topics,  your  petitioners  would  briefly  remark: 

1.  Though  an  occasional  reference  to  a third  power  is  good,  a settled 
and  regulated  practice  is  far  better,  and  much  more  likely  to  result  in  the 
peace  and  happiness  of  mankind.  Were  there  a regular  and  acknowl- 
edged tribunal,  always  ready  to  judge  the  cases  brought  before  it, 
governments  would  be  compelled,  by  their  own  constituents,  and  by 
the  opinion  of  the  world,  to  resort  to  it,  rather  than  to  the  expensive, 
barbarous,  and  uncertain  decision  of  tlie  sword.  If  the  antagonist 
party  should  refuse  to  comply,  he  would  find  but  little  sympathy  for 


* Mr.  Legare^s  Report  on  this  subject  to  the  last  session  of  Congress. 


175 


APPENDIX. 


683 


the  disasters  which  might  befall  him  in  the  course  of  the  war,  and  be 
glad  to  make  peace  by  the  intervention  of  such  a tribunal. 

2.  Such  is  the  infirmity  of  human  nature,  such  its  liability  to  be 
influenced  by  selfish  motives,  that  every  possible  guard  should  be 
provided  against  errors  of  judgment  arising  from  such  causes.  Now, 
a code  of  international  laws,  settled  upon  abstract  principles,  before  the 
occurrence  of  any  case  to  warp  the  judgment  of  the  framers  of  such 
laws,  adopted  by  the  compact  and  agreement  of  the  nations  generally, 
especially,  if  the  contending  nations  should  happen  to  be  parties  to  the 
compact,  would  add  greatly  to  the  probability  of  a just  decision  by  the 
proposed  court  of  nations. 

3.  It  appears  almost  an  anomaly  that  the  United  States,  “the  only 
republic  in  the  world,”  * should  continue  to  leave  its  disputes  with 
other  powers  to  monarchs,  who  are  busy  with  their  own  affairs,  and 
who  may  have  difficulties  of  their  own  to  be  settled  by  the  mediation  of 
our  opponent  Such  was  the  fact  in  the  case  of  our  north-east  boun- 
dary question.  Ought  we  not  to  prefer  a tribunal  composed  of  men 
free  from  the  cares  of  state,  the  intrigues  of  courts,  and  controversies 
of  their  own  with  other  nations  ; men  with  an  established  reputation, 
knowing  that  the  peaceful  execution  of  their  sentence  depends  not 
only  on  the  correctness  of  tlieir  judgment,  but  on  their  power  to  make 
it  appear  just  to  the  world ; that  on  their  ability  to  make  and  vindicate 
a correct  decision,  depends  their  present  and  future  reputation  ? The 
Governor  of  the  State  of  Maine  told  one  of  your  petitioners,  that  he  is 
morally  certain,  that  if  the  north-east  boundary  question  had  been 
left  to  such  a tribunal  as  we  contemplate,  the  case  would  long  ago 
have  been  settled  to  the  entire  satisfaction  of  this  country. 

If  “judges  do  more  than  pronounce  and  enforce  judgment  in  partic- 
ular cases,”  if  “those  opinions  are  the  basis  of  all  government  and 
legislation,”  as  is  conceded  by  the  author  of  the  very  able  report  already 
alluded  to,  how  very  superior  must  be  a bench  of  able  jurists,  of 
acknowledged  talents  and  integrity,  to  individual  umpires,  chosen 
rather  for  their  station  than  their  talents,  and  liable  to  have  their 
judgment  warped  by  a thousand  extraneous  circumstances. 

Recent  events  afford  a good  opportunity  of  showing  the  excellency 
of  the  plan  proposed  by  your  petitioners.  France  claims  from  Mexico 
an  indemnity  of  about  $700,000.  Mexico  denies  the  justice  of  the 
claim,  and  refuses  to  pay.  France  blockades  her  ports,  and  shuts  out 
all  other  nations  from  their  accustomed  commerce.  England  complains 
of  the  blockade  as  an  infringement  on  her  rights,  and  argues  that 


* Mr.  Legare’s  Report. 


684 


APPENDIX. 


176 


France  has  no  right  thus  to  injure  Mexico,  and  through  her,  all  other 
commercial  powers,  until  she  has  inflicted  a still  greater  injury  on 
Mexico,  by  seizing  her  commerce,  and  declaring  war.  Then,  it  is 
contended,  France  would  have  a right  to  capture  neutral  vessels 
trading  to  Mexican  ports.  Now,  were  there  a Court  of  Nations,  France 
and  Mexico  would  have  submitted  the  case  to  it,  rather  than  experience 
so  great  inconvenience  for  so  small  a sum ; and  had  there  been  a code 
of  international  laws,  the  right  of  France  to  blockade,  or  of  neutral 
nations  to  trade  to,  the  ports  of  Mexico,  would  have  been  clearly 
deflned.  For  want  of  these,  war  may  commence  between  France  and 
Mexico,  and  extend  to  Great  Britain  and  all  the  commercial  world. 

The  General  Court  of  Massachusetts,  one  of  the  most  numerous  and 
enlightened  legislative  bodies  in  the  world,  has  had  this  subject  under 
consideration  for  flve  years  past.  At  first,  tlie  plan  was  treated  as  the 
phantasy  of  a benevolent  enthusiast  Discussion  threw  light  upon  it. 
Resolves  recommending  a Congress  of  Nations  to  the  attention  of  our 
National  Executive,  and  “to  the  Legislatures  of  the  several  States, 
inviting  their  expression  of  sentiment  and  cooperation  in  favor  of  the 
end  in  view,”  passed  the  Senate  of  that  State  in  the  year  1837,  by  a 
majority  of  nearly  six  to  one.  Last  year,  similar  resolves  passed  both 
branches  of  tlie  Legislature  of  that  State,  with  only  two  dissenting 
voices.  The  American  Peace  Society  waited  for  that  joyful  consum- 
mation, ere  they  ventured  to  bring  this  subject  before  the  collected 
wisdom  of  the  nation.  But  the  New  York  Peace  Society  has  antici- 
pated us,  and  the  subject  has  received  from  your  honorable  bodies  a 
more  kind  and  respectful  attention  than  they  had  expected  on  its  first 
presentation.  When  the  Congress  of  the  Union  shall  have  given  tlie 
subject  as  continued  and  mature  deliberation  as  the  General  Court  of 
Massachusetts,  probably  the  same  results  will  follow. 

Were  our  contemplated  plan  to  involve  great  expense,  we  might, 
perhaps,  pause  before  we  presented  it  to  the  consideration  of  Congress ; 
but  the  share  of  expense,  falling  on  this  country,  would  not  maintain  a 
single  gun-boat.  One  ship  of  the  line  would  cost  more  than  a Congress 
and  Court  of  Nations  for  the  whole  civilized  world.  We  should  soon 
be  a thousand  times  repaid  by  the  money  saved  in  the  preparation  for 
war ; and  our  agriculturists,  merchants,  manufacturers  and  fishennen 
would  reap  golden  harvests  from  the  increasing  wealth  of  their 
customers. 

If  this  enterprise  would  endanger  our  free  institutions,  we  ought  to 
pause  and  reflect  before  we  run  the  hazard  even  for  so  great  a good ; 
but  we  are  persuaded,  that  the  long-continued  peace,  which  must  be 
the  consequence  of  the  establishment  of  an  international  tribunal. 


177 


APPENDIX. 


685 


would  not  only  save  our  republic  from  its  gi-eatest  danger,  but,  under 
God,  it  would  be  tlie  means  of  extending  the  principles  of  Clmstianity 
and  freedom  all  over  the  world. 

The  bare  attempt,  even  if  it  failed,  would  be  glorious.  It  would 
show  to  the  world  our  desire  for  the  peace  and  happiness  of  mankind. 
But  the  attempt  would  not  fail,  if  it  were  persevered  in,  so  as  to  be 
distinctly  seen  and  understood  by  the  people  of  Europe.  If  only  France 
and  Great  Britain  joined  us  at  first,  success  would  be  certain.  The 
work  has  already  begun  in  England.  France  will  follow.  God  has 
destined  this  country  to  take  the  lead  in  this  great  enterprise.  Let  us 
not  be  unmindful  of  our  high  destiny. 

From  the  abovementioned  considerations,  and  many  more  which 
could  be  urged,  your  petitioners  humbly  pray,  that  your  honorable 
bodies  would  take  such  action  in  the  premises,  as,  after  mature 
deliberation,  shall  appear  best  adapted  to  the  end  proposed. 

WILLIAM  LADD,  President. 


J.  P.  Buanchard, 
H.  Ware,  Jr., 
Amasa  Walker, 
Geo.  C.  Beckwith, 
L.  T.  Stoddard, 


John  Owen, 

James  K.  Whipple, 
Edward  Noyes,  > 
Howard  Malcom, 


Executive 

Committee. 


No.  10. 

Second  Petition  of  the  JYew  York  Peace  Society. 

To  the  honorable,  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled  on  the  first  Mon- 
day in  December,  1838 : — The  undersigned,  members  of  the  New 
York  Peace  Society,  and  others  friendly  to  the  peace  cause,  respect- 
fully present  tlie  following  Petition  and  Memorial : 

Your  petitioners  pray  your  honorable  body  to  interpose  your  good 
offices  as  mediator  between  France  and  Mexico,  thereby  preventing,  if 
possible,  the  effusion  of  human  blood,  and  the  great  and  innumerable 
evils  of  war,  which,  without  some  interposition  of  the  kind,  are  almost 
sure  to  be  realized  from  the  present  relative  position  of  those  nations. 

“Two  nations,”  says  Vattel,  in  his  Law  of  Nations,  “though  equally 
weary  of  war,  often  continue  it  merely  from  the  fear  of  making  the 


686 


APPENDIX. 


178 


first  advances  to  an  accommodation,  as  these  might  be  imputed  to 
■weakness  ; or,  they  persist  in  it  from  animosity,  and  against  their  real 
interests.  Then,  common  friends  effectually  interpose,  offering  them- 
selves for  mediators.  And  there  cannot  he  a more  beneficent  office, 
than  that  of  reconciling  two  nations  at  war,  and  thus  putting  a stop  to 
the  effusion  of  human  blood.  This  is  an  indispensable  duty  to  tliose 
who  are  possessed  of  the  means  of  succeeding  in  it”  Now,  the  pres- 
ent attitude  assumed  by  France  and  Mexico  in  relation  to  each  other, 
presents  a fair  case  for  interposition  of  the  kind.  It  is  hardly  to  be 
expected,  that,  in  the  present  stage  of  the  difficulty  between  those 
powers,  either  party  will  make  advances  towards  reconciliation.  Medi- 
ation, therefore,  is  imperatively  demanded  in  this  instance,  by  the 
interests  of  human  nature.  And  who  so  suitable  for  this  office  in  the 
case  before  us,  as  the  government  of  the  United  States.^ — a country 
that  has  not  only  herself  repeatedly  received  the  benefit  of  the  friendly 
interposition  of  others  in  a similar  way,  but  that,  on  the  one  hand,  sees 
her  ancient  ally,  and,  on  the  other,  a sister  republic  of  our  own  hemis- 
phere, arrayed  in  fearful  hostility  against  each  other. 

Your  petitioners  further  pray  your  honorable  body  to  act  as  mediator 
in  general,  in  all  cases  of  international  difficulty  that  now  exist 
between  other  nations,  or  that  may  hereafter  occur,  while  the  relations 
of  nations  remain  in  their  present  state,  and  no  system  of  international 
arbitration  shall  be  established. 

The  propriety,  the  praiseworthiness,  the  necessity,  and  the  duty,  of 
international  mediation  in  general,  are  admitted  on  all  hands.  “A 
nation  or  sovereign,”  says  Vattel,  “ought  to  promote  peace  as  much  as 
lies  within  their  power ; to  dissuade  others  from  breaking  it  without 
necessity ; to  exhort  tliem  to  a love  of  justice,  equity,  and  the  public 
tranquillity,  and  to  a love  of  peace.  It  is  one  of  the  best  offices  we 
can  perform  to  nations,  and  to  tlie  whole  universe.  What  a glorious 
and  amiable  appellation  is  that  of  peace-maker!  The  most  glorious 
period  of  Augustus’s  life  was,  when  he  shut  the  temple  of  Janus, 
adjusted  the  disputes  of  kings  and  nations,  and  gave  peace  to  the 
universe.”  Now,  above  all  others,  is  it  incumbent  on  these  United 
States  to  be  always  ready  to  promote  the  welfare  of  nations.  Do  not 
we  profess,  more  emphatically  than  others,  the  desire  to  see  all  nations 
in  the  enjoyment  of  freedom,  and  every  imaginable  blessing. ^ High 
time,  indeed,  then,  is  it,  that  we  ceased  to  look  with  apparent  unconcern 
on  the  sanguinary  conflicts  of  nations,  while  monarchical  governments 
step  in  between  the  contending  parties,  as  ministers  of  mercy  and 
peace. 

Your  petitioners  still  further  pray  your  honorable  body,  to  adopt  for 


179 


APPENDIX. 


687 


this  government  the  principle  of  international  arbitration,  in  reference 
to  all  cases  of  dispute  between  the  United  States  and  other  powers, 
which  cannot  be  amicably  adjusted  by  the  parties  themselves.  The 
adoption  of  this  principle  by  your  honorable  body  would  follow  as  a 
legitimate  consequence,  from  the  character  which  you  would  assume 
in  acting  as  peace-maker  among  the  nations.  And,  moreover,  as  the 
propriety  of  this  principle  has  been  repeatedly  recognized  by  this 
government,  by  the  actual  reference  of  disputes  in  various  instances, 
this  furnishes  an  additional  reason  why  your  honorable  body  should 
make  it  a fixed  rule  of  action. 

Your  memorialists  feel  that  a few  words  are  requisite  in  relation  to 
this  point ; for,  though  arbitration  is  occasionally  resorted  to  by  nations, 
war  as  a custom  nevertheless  continues. 

First,  then,  it  is  observable,  that  war  pays  no  regard  to  the  merits  of 
a case.  Its  rule  is  mighty  not  right.  But  arbitration  does  consider 
those  merits.  Again ; the  stronger  party  being  more  likely  than  the 
weaker  to  be  the  aggressor,  a resort  to  war  in  the  case  renders  it  prob- 
able that  the  injured  party  will  receive  additional  injury,  instead  of 
obtaining  redress ; whereas,  by  arbitration,  that  party  would  in  all 
probability  obtain  redress.  In  cases  where  two  parties  are  nearly  equal 
in  strength,  by  resorting  to  war,  they  generally  leave  off  where  they 
begin,  nothing  being  decided,  and  both  parties  being  sadly  injured. 
Arbitration  in  such  cases,  also,  would  answer  a better  purpose  in  both 
respects.  And  in  cases  where  the  stronger  party  is  the  injured  one, 
although  by  a resort  to  war,  redress  is  generally  obtained,  how  hard 
the  way  of  obtaining  it ! Arbitration  would  afford  it  in  an  easier  way. 
In  every  case,  then,  the  ends  of  justice  are  better  subserved  by  arbi- 
tration than  by  war,  and  all  the  evils  of  war  are  prevented  besides. 
Furthermore ; war  is  an  infringement  of  the  independence  of  nations. 
Surely  it  is  such  an  infringement,  for  one  nation  to  dictate  to  another, 
and  to  attempt  to  enforce  its  dictation,  as  is  always  done  by  one  of  the 
parties  in  war.  But  arbitration  respects  national  sovereignty.  Here  is 
no  dictation,  no  coercion,  nothing  but  friendly  counsel.  Once  more ; 
by  resorting  to  war,  nations  violate  one  of  the  plainest  dictates  of 
reason,  viz.,  that  parties  should  not  be  judges  in  their  own  cases,  which 
they  always  assume  to  be  in  war.  Arbitration  respects  this  dictate,  by 
providing  a disinterested  party  as  a judge.  Then  again ; the  custom 
of  war  affords  the  strong  an  opportunity  to  oppress  the  weak,  and  the 
ambitious  to  pursue  their  schemes  of  conquest  and  aggrandizement. 
Arbitration  is  a check  to  oppression  and  ambition,  and  the  best  security 
of  the  defenceless.  And  again  ; the  custom  of  war,  by  which  nations 
take  their  positipn  on  what  they  denominate  the  point  of  honor,  refusing 


688 


APPENDIX. 


180 


to  make  the  proper  concessions  and  overtures  for  the  preservation  of 
peace,  and  sacrificing  justice  itself  to  resentment  and  pride,  is  one  vast 
system  of  duelling.  The  principle  of  international  arbitration  is  the 
principle  of  order  and  peace  on  a scale  of  equal  magnitude.  In  short, 
every  reason  that  can  be  urged  in  favor  of  the  peaceful  adjustment  of 
individual  disputes,  and  against  a resort  to  individual  violence,  can  be 
urged  with  as  much  greater  force  in  favor  of  international  arbitration, 
and  against  war,  as  the  evils  of  war  exceed  in  every  respect  the  evils 
resulting  from  individual  combat.  Now,  tlien,  if  tire  ends  of  justice 
itself  can  be  better  subserved  by  arbitration  than  by  war,  and  so  much 
evil  be  prevented,  and  so  much  good  done,  what  plea  remains  for  war  ? 

Your  petitioners  yet  further  pray,  that  your  honorable  body  propose 
to  the  various  governments  of  the  world,  to  appoint  suitable  persons  as 
delegates,  to  assemble  in  congress  or  convention  with  delegates  from 
the  United  States,  for  the  purpose  of  preparing  a code  of  international 
law,  obligatory  on  such  nations  as  may  subsequently  adopt  it,  and  of 
acting  as  a board  of  arbitration,  or  a court  of  equity  and  honor,  in  cases 
of  dispute  between  nations  which  may  from  time  to  time  be  submitted 
to  their  consideration. 

The  present  law  of  nations,  so  called,  is  in  a very  unsettled  condition. 
Many  of  its  principles  are  matters  of  dispute,  the  writers  on  interna- 
tional law  disagreeing  among  themselves.  Nor  have  they  any  official 
authority,  even  did  tliey  agree.  Neither  is  it  competent  for  any  one 
government  to  regulate  the  matter.  Hence,  an  international  tribunal 
is  the  only  resource  that  remains,  to  set  these  things  in  order,  and  to 
furnish  nations  with  a suitable  code  of  international  law.  We  say 
international  law,  because  we  do  not  propose  that  the  contemplated 
tribunal  shall  interfere  with  the  internal  concerns  of  nations.  We  only 
say,  that  some  common  tribunal  is  necessary,  to  lay  down  general  and 
definite  rules  for  the  observance  of  nations  in  their  intercourse  with 
one  another.  Should  these  rules  contain  any  thing  objectionable,  any 
nation  could  refuse  to  adopt  that  objectionable  part  This  conservative 
principle  would  he  a sufficient  guard  against  encroachment  on  national 
rights,  and  would  tend  to  the  production  of  an  equitable  code  on  the 
part  of  the  tribunal.  Should  some  nations  eventually  refuse  to  ratify 
it,  this  would  not  render  it  abortive  ; for  those  nations  that  ivould  ratify 
it  could  make  it  their  rale  in  their  intercourse  with  one  another,  leaving 
things  as  they  now  are  in  relation  to  the  non-concurring  powers,  till 
tliey  might  see  fit  to  adopt  it. 

If  it  is  indispensable  to  society,  that  civil  law  be  expressed  in  the 
form  of  a code,  how  great  the  necessity  of  having  an  international 
code.  “The  law  of  nations,”  says  Vattel,  “is  as  much  above  the  civil 


181 


APPENDIX. 


689 


law  in  its  importance,  as  the  proceedings  of  nations  and  sovereigns 
surpass  in  their  consequences  those  of  private  persons.”  How  plain, 
how  explicit,  then,  ought  the  law  of  nations  to  be ! How  guarded  at 
every  point ! How  fixed  and  acknowledged  its  principles  ! And  yet, 
strange  to  say,  this  law,  all-important  as  it  is,  has  never,  as  yet,  so 
much  as  been  put  into  the  form  of  a code,  and  many  of  its  principles 
themselves  remain  matters  of  dispute,  and  have  been  the  frequent 
occasion  of  war ! 

That  a nation,  under  tlie  existing  state  of  things,  has  sometimes 
acted  in  opposition  to  the  general  sentiment,  and  disregarded  rules 
which  others  have  thought  proper  to  obseiwe,  is  so  far  from  being  an 
argument  against  embodying  international  law  in  a code,  that  it  is  the 
very  reverse.  A disputed  principle  of  international  law  is  not  an 
established  part  of  it;  hence  the  necessity  of  having  its  principles 
settled,  and  the  admitted  law  of  nations  explicitly  expressed  and 
recognized.  But  as  the  matter  now  stands,  any  nation  may  disregard 
what  others  choose  to  consider  the  law  of  nations.  For,  under  what 
obligation  is  an  independent  nation  to  regard  the  opinions  of  unauthor- 
ized writers  on  the  duties  of  nations,  or  to  make  the  practice  of  other 
nations  an  example  for  itself? 

But  do  your  memorialists,  in  proposing  the  formation  of  a code  of 
international  law,  necessarily  involve  the  idea  of  innovation  upon  tire 
established  usages  and  the  acknowledged  principles  of  nations  ? By 
no  means.  The  present  law  of  nations  could  be  thrown  into  the  fomi 
of  a code,  without  a single  alteration ; and  that  code,  duly  recognized 
by  the  nations,  would  be  binding.  Here  would  be  a definite  and  cer- 
tain rule ; and  even  this  would  be  a desideratum.  But  your  memorialists 
would  have,  if  practicable,  some  improvement  made  in  its  principles. 
They  would  at  least  have  an  attempt  made  to  improve  them.  They 
would  have  suitable  delegates  from  the  various  nations  convene,  and 
discuss  and  investigate  principles,  and  see  if  they  could  not  agree  upon 
some  improvement;  and  if  they  could  not  do  this,  then  let  them 
explicitly  state  the  principles  on  which  they  might  agree,  and  tliis 
would  form  a definite  code.  Some  who  have  no  confidence  in  the 
utility  of  a code  of  the  kind,  admit  that  “ it  could  scarcely  do  any 
harm.”  Inasmuch,  therefore,  as  a trial  of  the  experiment  could  safely 
be  made,  why  should  it  not  be  done,  and  thus  afford  the  opportunity  of 
bringing  its  supposed  advantages  to  the  test  ? And  the  more  especially 
so,  when,  as  they  admit,  “the  authority  of  law,  once  established  and 
acknowledged  among  men,  is  second  only  to  that  of  religion.”  Cer- 
tainly, if  this  is  so,  incalculable  good  would  result  from  a wise  code  of 
international  law,  enacted  by  an  authorized  tribunal,  and  ratified  by  the 
nations  themselves. 


87 


690 


APPENDIX. 


182 


The  propriety  of  tlie  principle  of  international  arbitration  being 
admitted,  your  memorialists  have  only  to  show,  that  the  mode  of  arbitra- 
tion which  they  propose  is  the  preferable  one.  And  they  are  at  a loss 
to  perceive  how  any  one,  after  due  consideration,  can  fail  to  see,  that  a 
council  composed  of  the  statesmen,  the  sages,  the  philanthropists,  the 
master-minds  of  earth,  having  notight  to  divide  their  attention,  and 
acting  in  accordance  with  a well-digested  code,  would  be  as  much 
superior  to  a temporary,  individual  arbitrator,  looking  uncounteracted 
to  his  own  interest,  burthened  with  the  alfairs  of  state,  and  having  to 
form  a decision  under  the  disadvantage  of  unsettled  principles  of 
international  law,  as  can  well  be  conceived. 

The  establishment  of  a system  of  international  arbitration,  and  of  a 
Congress  of  Nations,  as  proposed  by  your  memorialists,  would  likewise 
have  great  advantages  over  mere  temporary  arbitration  in  other  respects. 
Let  it  be  tlie  understanding,  that  nations  are  uniformly  to  refer  their 
disputes,  and  let  there  be  a tribunal  established  to  which  to  refer  them, 
and  the  various  powers  would  then  feel  safe  in  making  a great  reduc- 
tion of  their  naval  and  military  forces,  and  arbitration  would  be  resorted 
to  without  waiting  for  war  to  commence.  Whereas,  without  any  such 
system  and  organization,  arbitration  being  only  occasional,  it  is  seldom 
resorted  to  till  after  the  commencement  of  liostilities,  and  then  but 
occasionally,  just  as  chance  or  caprice  may  happen  to  direct.  Under 
such  circumstances,  peace  cannot  be  insured,  governments  will  not 
feel  safe  in  reducing  their  forces,  and  thus  will  the  war-system  continue. 
Who,  then,  can  fail  to  give  the  preference  to  the  Trwde  of  arbitration 
proposed  by  your  memorialists  ? 

Some  who  object  to  such  a board  of  arbitrators  say,  that  the  proba- 
bility is,  that  its  decrees  “would  be  merely  nugatory.”  But  why 
nugatory  ? In  cases  of  ordinary  arbitration,  decisions  in  general  are 
not  nugatory,  though  no  compulsion  is  used.  Why,  then,  would  the 
decisions  of  the  contemplated  tribunal  be  nugatory  ? Should  this, 
however,  be  the  result,  no  harm  would  be  done,  to  say  the  least.  That 
something,  nay,  that  much,  would  be  accomplished,  is  evident  from  the 
consideration,  that  “judges  not  only  pass  judgment  in  particular  cases, 
but  shape  the  opinions  of  mankind  in  analogous  ones and  that  “those 
opinions  are  the  basis  of  all  government  and  legislation,” 

But  then  it  is  feared,  that  if  it  did  have  any  influence,  that  influence 
would  be  “perverted  to  the  worst  ends.”  Your  memorialists  are  at  a 
loss  to  perceive  how  this  would  be  possible.  The  tribunal  under  con- 
sideration would  only  be  called  upon  to  decide  cases  of  external  dispute 
between  nations,  not  those  involving  principles  of  government,  or  any 
vital  principles  whatever;  in  short,  nothing  that  would  be  calculated  to 
call  into  exercise  the  monarchical  or  the  republican  sympathies  of  any 


183 


APPENDIX. 


691 


of  its  members — nothing  that  a monarchy  and  a democracy  would 
hesitate  to  submit  to  the  arbitration  of  a crowned  liead  of  a kingdom, 
or  an  uncrowned  head  of  a republic.  Who  dreams  of  submitting  to 
arbitration,  whether  a nation  shall  have  a monarchical  or  a republican 
form  of  govermnent,  or  surrender  its  independence,  or  be  interfered 
with  in  any  manner  whatever,  where  others  are  not  concerned  ? Cer- 
tainly, not  your  memorialists ! They  merely  propose,  that  such  points 
as  are  proper  subjects  for  international  arbitration,  be  referred  to  a 
tribunal  of  the  kind  already  designated,  instead  of  a temporary,  indi- 
vidual arbitrator,  or  the  sword.  Where  the  danger  in  this  ? the  more 
especially,  as  the  parties  would  only  be  bound  in  honor  to  regard  decis- 
ions manifestly  just.  This  provision  would  tend  to  the  production  of 
righteous  decisions  on  the  part  of  the  tribunal,  inasmuch  as  unrighteous 
ones,  under  such  circumstances,  would  effect  nothing  but  the  disgrace 
of  tliat  body  itself.  With  far  greater  propriety,  therefore,  might  the 
plea  of  danger  be  made,  in  submitting  the  disputes  of  individuals  to 
courts  of  justice,  whereby  they  are  compelled  to  regard  decisions,  than 
in  this  case  of  nations.  The  decisions  of  the  proposed  tribunal  would 
evidently  have  all  the  efficacy  they  ought  to  have,  and  no  more.  They 
would  have  only  a moral  influence,  and  that  just  in  proportion  to  their 
rectitude.  Thus,  while  national  independence  would  remain  inviolate, 
the  fulfilment  of  national  obligation  would  be  secured. 

Your  memorialists  are  not  a little  surprised,  that  the  project  of 
Henry  IV  should  be  seriously  compared  with  the  plan  by  them  recom- 
mended, and  be  pronounced  far  superior  in  point  of  practical  wisdom. 
Whether  a scheme  to  revolutionize  all  Christendom ; to  subjugate  and 
partition  the  dominant  power  of  the  day ; to  change  the  boundaries  of 
states,  and  apply  to  them  the  leveling  principle  of  agrarianism;  thereby 
interfering  with  the  sovereignty  and  other  primary  rights  of  nations, 
and  introducing  innovations  and  changes  without  number;  is  more 
evincive  of  practical  wisdom,  than  a proposition  to  draw  out  the  law  of 
nations  into  the  form  of  a code,  and  to  reduce  the  present  practice  of 
nations  with  regard  to  arbitration  to  an  orderly  system,  as  proposed  by 
your  memorialists,  is  for  your  honorable  body  to  decide. 

Nor  less  are  your  memorialists  surprised,  that  it  should  be  asserted, 
that  the  famous  Amphictyonic  Conucil  “had  no  effect  whatever  in 
healing  the  dissensions  of  the  Grecian  commonwealths.”  In  relation 
to  tliis  Council,  Rees  says,  “Their  determinations  were  received  with 
the  greatest  veneration,  and  were  even  held  sacred  and  inviolable.” 
Rollin  says,  “ The  authority  of  the  Amphictyons  had  always  been  of 
great  weight  in  Greece ; but  it  began  to  decline  exceedingly,  from  the 
moment  they  condescended  to  admit  Philip  of  Macedon  into  their 
body.”  Just  as  your  memorialists  would  have  it.  A case  more  to  their 


692 


APPENDIX. 


184 


purpose  could  not  be  conceived.  The  decisions  of  that  Council  were 
efficacious  exactly  in  proportion  to  their  equity ; and  they  lost  their 
influence  when  the  Macedonian  began  to  peiwert  it. 

The  assertion,  that  the  Germanic  Diet  accomplished  nothing  for  the 
pacification  of  the  states  of  Germany,  is  equally  at  variance  with  his- 
tory. For  three  hundred  years,  the  German  empire  had  been  the  theatre 
of  barbarism  and  anarchy ; when  Maximilian  I accomplished  what  his 
predecessors  had  so  long  attempted  in  vain.  “In  1495,”  says  the 
Encyclopaedia  Americana,  “he  had  put  an  end  to  the  internal  troubles 
and  violence,  by  the  perpetual  peace  of  the  empire,  decreed  by  the 
Diet  of  Worms.” 

Your  memorialists  would  here  bring  into  view  the  auspicious  results 
emanating  from  the  system  of  arbitration  adopted  by  the  Helvetic 
Union.  “The  Swiss,”  says  Vattel,  “have  had  the  precaution,  in  all 
their  alliances  among  themselves,  and  even  in  those  they  have  con- 
tracted with  the  neighboring  powers,  to  agree  beforehand  on  the 
manner  in  which  their  disputes  were  to  be  submitted  to  arbitrators,  in 
case  they  could  not  adjust  them  in  an  amicable  manner.  This  wise 
precaution  has  not  a little  contributed  to  maintain  the  Helvetic  repub- 
lic in  that  flourishing  state  which  secures  its  liberty,  and  renders  it 
respectable  tliroughout  Europe.”  The  same  writer,  in  allusion  to  inter- 
national arbitration,  &c.,  says,  “ In  order  to  put  in  practice  any  of  these 
methods,  it  is  necessary  to  speak  with  each  other,  and  to  confer  together. 
Conferences  and  congresses  are  then  a way  of  reconciliation  which 
the  law  of  nature  recommends  to  nations,  as  proper  to  put  an  amicable 
period  to  their  differences.”  Thus  is  the  idea  of  a Congress  of  Nations 
sanctioned  by  the  law  of  nations.  Not  only  so:  the  practice  of  nations 
sanctions  it.  From  1644,  to  1814,  there  were  more  than  thirty  convo- 
cations of  temporary  Congresses  of  Nations,  embracing  various  states 
of  Europe.  “Wars  have  been  terminated  by  them;  conflicting  juris- 
dictions have  been  settled ; boundaries  have  been  ascertained ; com- 
mercial conventions  have  been  formed ; and,  in  various  ways,  the 
interests  of  friendly  intercourse  have  been  promoted.”  Your  memori- 
alists, therefore,  in  proposing  the  establishment  of  a Congress  of 
Nations,  are  far  from  acting  the  part  of  visionary  innovators;  they 
merely  propose  an  improvement  of  a present  international  regulation. 
They  propose,  that,  instead  of  temporary  congresses,  convened  after 
war  has  done  its  bloody  work,  there  be  a permanent  Congress  to  prevent 
war — a body  of  sages  and  philanthropists  always  ready,  to  whom  to 
refer  disputes  before  war,  rather  than  after  it.  This  is  the  sum  of  the 
whole  matter.  And  what  is  there  visionary  or  impracticable  in  it? 
What  is  there  in  it  that  is  not  decidedly  better  than  the  present  state 
of  things  ? This  improvement  in  international  jurisprudence,  this 


185 


APPENDIX. 


693 


advance  upon  preceding  ages,  is  due  from  this  very  generation  to  the 
enlightened  period  in  which  we  live.  Your  memorialists  can  but 
think,  that  the  venerable  Franklin  had  some  such  plan  in  view  when 
he  said,  “We  daily  make  great  improvements  in  natural,  there  is  one  I 
wish  to  see  in  moral,  philosophy ; the  discovery  of  a plan  that  would 
induce  and  oblige  nations  to  settle  their  disputes  without  first  cutting 
one  another’s  throats.”  Something  of  the  kind  the  illustrious  Jefferson 
seems  likewise  to  have  had  in  view,  when,  in  speaking  of  the  inefficiency 
of  war  in  redressing  wrong,  and  of  its  multiplying,  instead  of  indemni- 
fying, losses,  he  exclaimed,  “ These  truths  are  palpable,  and  must,  in 
the  progress  of  time,  have  their  influence  on  the  minds  and  conduct  of 
nations !”  And  in  authorizing  his  name  to  be  registered  among  the 
names  of  the  members  of  the  Massachusetts  Peace  Society,  he  gave 
still  stronger  testimony  in  favor  of  pacific  principles  and  measures. 

Before  coming  to  a close,  your  memorialists  would  introduce  to  the 
notice  of  your  honorable  body  what  will  no  doubt,  ere-long,  be  present- 
ed in  an  official  form;  relating  as  it  does,  directly  to  the  subject  now 
under  consideration,  and  having  a most  important  bearing  on  it 

The  Legislature  of  the  noble  and  enlightened  State  of  Massachu- 
setts have  recently  adopted  a report,  and  sundry  resolutions  of  a 
committee  of  that  body,  by  a unanimous  vote  in  the  House,  and  with 
only  five  dissenting  votes  in  the  Senate,  and  consequently  without 
distinction  of  sect  or  party,  in  which  they  entirely  coincide  with  your 
memorialists  in  their  views. 

[As  this  part  of  the  memorial,  consisting  of  extracts  from  the  above- 
mentioned  report,  and  the  resolutions  appended  to  it,  has  appeared  in  a 
previous  article,  it  is  unnecessary  to  repeat  it] 

Thus,  not  only  your  memorialists,  but  virtually  whole  States,  already 
call  on  your  honorable  body  to  adopt  the  system  of  pacification  desig- 
nated in  this  memorial.  Nay,  your  memorialists  doubt  not,  that  could 
the  universal  sentiment  be  ascertained,  nine-tenths  of  the  human  race 
wonld  be  found  to  accord  with  these  views.  Your  memorialists,  there- 
fore, present  this  document  to  your  honorable  body,  as  the  representation 
of  the  views  and  wishes  of  their  race,  in  regard  to  this  great  subject ; 
and  in  the  nameof  human  nature  they  implore  you  to  grant  these  requests. 

Your  memorialists  fear  they  have  already  trespassed  on  the  patience 
of  your  honorable  body,  by  their  very  extended  remarks.  They  trust, 
however,  that  the  immense  importance  of  the  subject  will  serve  as  a 
sufficient  excuse  for  the  great  length  of  this  memorial.  And  they  only 
further  hope,  that  your  honorable  body  will  give  it  attention  according 
to  that  importance.  Should  this  be  the  case,  they  are  under  no  appre- 
hensions with  regard  to  the  result  And  your  memorialists,  as  in  duty 
bound,  will  ever  pray. 


694 


APPENDIX. 


186 


No.  11. 


Third  Petition  of  the  American  Peace  Society. 

To  the  Honorable  Senate  and  House  of  Representatives  of  the  United 

States  of  America,  in  Congress  assembled,  1839-40. 

The  undersigned.  President  and  Executive  Committee  of  the  Amer- 
ican Peace  Society,  by  the  authority,  and  in  behalf  of  that  Society, 
present  the  following  petition : 

Your  petitioners,  being  more  persuaded  tlian  ever,  that  the  frequency 
of  war  may  be  lessened,  its  sufferings  abated,  and  the  custom  of  war 
finally  banished  from  the  community  of  free  and  enlightened  nations, 
and  a more  equitable,  safe  and  cheap  method  for  settling  international 
disputes  substituted  in  its  place,  would  once  more  call  the  attention  of 
your  honorable  bodies  to  that  most  important  subject, — a Congress  of 
Nations.  They  have  nothing  to  add  to  the  unanswerable  arguments  of 
former  petitions  on  this  subject,  and  they  lament  that  the  short  duration 
of  the  last  session  of  Congress  prevented  the  Committee  on  Foreign 
Affairs,  to  whom  tlieir  own,  and  many  other  petitions  on  the  subject 
were  referred,  from  making  a report  on  the  answer  of  your  petitioners, 
and  others  from  different  parts  of  the  Union,  to  the  objections  to  this 
great  and  benevolent  enterprise,  which  were  brought  against  it  by  the 
report  of  the  Committee  on  Foreign  Affairs  of  the  preceding  session 
of  Congress.  The  Committee  were  probably  so  much  occupied  with 
the  many  important  topics  brought  before  them  during  the  short 
session  of  Congress,  that  tliey  had  not  time  thoroughly  to  examine  the 
subject.  If  they  had  examined  it,  they  probably  would  have  come  to 
the  same  result  with  the  Legislature  of  Massachusetts,  who  two  years 
ago  almost  unanimously  recommended  the  subject  to  the  attention  of 
Congress,'^by  a report  and  resolves  sent  on  last  year  to  the  President  of 
the  United  States,  which  want  of  time  probably  prevented  him  from 
laying  before  Congress. 

The  question  of  our  north-eastern  boundary  is  still  unsettled  and  is 
likely  to  remain  so  for  years  to  come  ; and  may  bring  on  a war  between 
two  of  the  most  enlightened  nations  in  the  world, — a war,  which  so  far 
from  settling  the  question,  would  only  encumber  it  with  new  difficul- 
ties to  be  settled  by  another  umpire,  whose  decision  would  he  as  liable 
to  be  rejected  as  the  last ; and  thus  it  may  continue  to  be  the  bone  of 
contention  between  the  two  countries,  until  they  see  the  futility  of 
expecting  an  individual,  however  learned  and  discriminating,  to  settle 
a question  which  may  require  the  united  wisdom  of  a whole  bench  of 
judges,  long  used  to  weigh  conflicting  evidences  in  the  scales  of  jus- 
tice ; and,  from  their  exalted  situation,  elevated  above  all  national  and 


187 


APPENDIX. 


695 


political  feelings,  able  not  only  to  give  a right  decision,  but  to  make 
that  decision  plain  and  satisfactory  to  the  parties  concerned,  and  to  the 
world  at  large.  The  opinion  has  been  expressed  by  some  of  the  ex- 
governors of  the  State  of  Maine,  that  had  such  a Court  of  Nations  as 
that  which  we  contemplate  existed,  the  difficulties  of  our  north-eastern 
boundary  would  long  ago  have  been  settled  to  our  entire  satisfaction. 

The  plan  proposed  by  your  petitioners  is  two-fold.  One  part  consists 
of  a Congress  of  Ambassadors  from  all  those  Christian  and  civilized 
nations  who  may  choose  to  be  represented  there,  for  the  purpose  of 
settling  such  points  of  the  law  of  nations,  as  they  may  be  able  to  agree 
upon,  in  a mutual  trpaty  between  all  the  powers  represented,  which, 
like  any  other  treaty,  might  be  ratified  or  rejected  by  the  nations 
concerned.  The  other  part  is  the  organization,  by  that  Congress,  of  a 
Court  of  Nations  for  the  adjustment  of  such  cases  of  international 
difficulties  as  might  be  brought  before  it  by  the  mutual  consent  of  any 
two  or  more  conflicting  nations,  without  resort  to  arms.  This  is  the 
outline  of  our  plan.  The  details  may  be  filled  up  by  the  wisdom  of  the 
present  and  succeeding  ages.  The  whole  plan  may  be  adopted,  or 
either  part  of  it;  for  one  is  not  necessarily  dependent  on  the  other. 
They  may  exist  separately,  or  both  together,  as  should  be  thought  best. 
But  the  two  great  objects  should  never  be  lost  sight  of,  viz.,  1st  The 
settlement  of  the  principles  of  international  law  by  compact  and  agree- 
ment after  mature  deliberation ; leaving  them  no  longer  to  be  decided 
by  the  conflicting  opinions  of  unauthorized  writers  on  the  law  of 
nations.  2d.  Some  better  method  than  the  sword,  or  occasional  arbi- 
tration, for  the  settlement  of  the  disputes  of  Christian  and  civilized 
nations ; such  as  a high  Court  composed  of  the  most  celebrated  civilians 
and  jurisconsults  of  the  countries  represented  in  a Congress  of  Nations. 
The  plan  is  so  simple,  and  the  evils  to  be  remedied  so  great,  that  the 
only  difficulty  seems  to  be  in  making  men  believe  that  so  great  a cure 
can  be  performed  by  such  simple  means,  which,  after  all,  is  but  a step 
or  two  in  the  increasing  practice  of  arbitrating  international  difficulties. 

This  subject  has  been  much  discussed  in  New  England  and  New 
York;  and,  where  best  understood,  it  is  most  appreciated.  It  has  also 
received  the  attention  of  the  British  public,  and  has  been  agitated  on 
the  continent  of  Europe.  Should  the  government  of  tliese  United 
States  invite  Great  Britain  and  France  to  join  in  this  great  and  benev- 
olent enterprise,  and  these  tliree  powers  only  should  commence  tlie 
work,  most  of  the  other  powers  of  Europe  and  the  South  American 
republics  would  soon  follow ; and  a new  era  would  dawn  on  the  world  : 
right  would  take  the  place  of  might ; wars,  in  a great  measure,  would 
cease  in  Christendom ; and  peace  and  happiness  would  generally  pervade 
the  world. 


696 


APPENDIX. 


188 


The  American  Peace  Society  is  not  alone  in  this  affair,  as  is  abun- 
dantly testified  by  the  numerous  petitions  presented  to  the  last  two 
sessions  of  Congress  on  this  subject,  not  only  by  peace  societies,  but 
by  men  wlio  are  not  members  of  any  peace  society,  but  who  desire  the 
happiness  of  their  fellow-creatures,  and  the  honor  and  prosperity  of 
their  country;  and  we  expect  that  numerous  petitions  will  be  presented 
to  Congress  at  their  present  session,  if  our  fellow-citizens  have  not 
become  discouraged  by  the  neglect  of  their  petitions  last  winter ; for 
almost  every  one  who  understands  the  subject,  readily  gives  his  assent 
to  it. 

Deeply  impressed  with  these  views  of  the  subject,  your  petitioners 
humbly  pray  that  tlieir  petition  may  be  committed  to  a special  Commit- 
tee, with  directions  to  examine  and  report  on  the  subject 

WILLIAM  LADD,  President. 

J.  P.  Blanchard,  John  Owen, 

Geo.  C.  Beckwith,  J.  W.  Parker, 

Edward  Noyes,  James  K.  Whipple, 


Executive 

Committee. 


No.  12. 


Form  of  a Petition  written  and  circulated  by  the  Friends  of  Peace  in 
different  parts  of  the  country. 

To  the  Honorable  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America,  in  Congress  assembled: 

The  undersigned,  citizens  of  [Portsmouth,  in  the  State  of  New 
Hampshire,]  respectfully  present  the  following  Memorial  and  Petition: 

It  is  a growing  sentiment  among  men  of  all  classes  and  professions, 
that  international  war  is  as  needless  as  it  is  confessed  to  be  ruinous  to 
the  resources  and  morals  of  a people.  This  opinion  is  now  defended, 
not,  as  formerly,  on  religious  grounds  solely,  and  by  the  members  of 
individual  sects  of  Christians,  but  on  grounds  of  general  expediency 
and  policy,  and  by  many  who  view  or  treat  the  subject  only  in  its 
political  aspects.  But  with  this  progress  of  public  sentiment,  recent 
events  have  shown  us  that  the  causes  of  war  are  not  removed ; but  our 
country  was,  during  the  last  year,  brought  alarmingly  near  a state  of 
hostility  witli  tlie  very  power  with  which,  of  all  others,  a common 
parentage  and  language,  and  the  closest  financial  and  commercial 
relations,  invite  us  to  cultivate  a pacific  intercourse. 


189 


APPENDIX. 


697 


The  most  fruitful  causes  of  war  flow  from  the  unsettled  state  of 
international  law.  The  existence  of  international  law  is  recognized, 
and  its  requisitions  are  professedly  held  as  binding  by  all  the  civilized 
governments  of  Europe  and  America. 

International  law,  in  its  original  growth,  has  been  justly  compared  to 
the  common  law  of  England  and  of  most  of  these  United  States.  It 
has  no  recognized  code  ; but  is  the  creature  of  precedent,  and  individual 
opinion  and  autliority.  It  is,  therefore,  like  the  common  law,  ever  in 
the  process  of  creation.  Of  the  latter,  it  has  been  said,  with  truth,  that 
“the  courts  make  it,  instead  of  being  governed  by  it.”  And  so  may  it 
be  said  of  international  law,  that,  while  it  is  ostensibly  the  basis  of  all 
diplomatic  intercourse,  the  nations  make  it  by  every  new  demand, 
compromise  or  treaty.  A system  of  law,  thus  perpetually  in  transitu, 
must,  of  necessity,  be  indefinite,  and  liable  to  opposing  constructions. 
Moreover,  there  must  necessarily  be,  both  within  nations  and  between 
nations,  however  strict  and  thorough  the  statuary  provisions,  a common 
law,  a law  of  precedent  and  authority,  perpetually  growing  up.  No 
codification  can  be  so  complete  as  to  cover  all  possible  cases,  and  to 
cut  ofi"  the  call  for  independent  precedents  and  decisions. 

Yet  it  seems  to  your  petitioners  a self-evident  proposition,  that  a 
common  law  may,  at  a certain  stage  of  its  growth,  have  reached  such  a 
degree  of  complexity,  and  may  have  become  so  voluminous  or  miscel- 
laneous in  its  authorities,  as  to  demand  codification,  and  also  that  it 
may  become  established  (or  capable  of  being  established  by  a careful 
comparison  of  precedents)  on  a sufficient  range  of  questions  and 
subjects,  to  render  such  codification  of  the  greatest  value  and  advan- 
tage. To  codify  such  a system  of  law,  is  not  to  arrest  it  in  its  progress 
towards  completeness ; but  to  facilitate  its  progress  by  writing  its 
history. 

This  stage,  it  is  believed  by  many  eminent  jurists,  has  been  reached 
by  the  common  law,  so  called ; and  much  has  been  of  late  wisely  said 
and  written  with  regard  to  its  codification.  Already  in  the  State  of 
Massachusetts  is  a commission,  composed  of  gentlemen  of  the  highest 
legal  talents  and  attainments,  engaged,  under  an  act  of  the  Legislature, 
in  the  codification  of  the  common  law.  Nor  do  we  deem  it  a merely 
fortuitous  coincidence,  but  the  result  of  analogous  views  and  argu- 
ments, that  the  Legislature  of  that  same  enlightened  State  should  have 
been,  so  far  as  we  are  informed,  the  first  legislative  body  in  the  world 
to  recommend  by  vote  “the  institution  of  a Congress  of  Nations  for  the 
purpose  of  framing  a code  of  international  law.” 

Your  petitioners  believe  that  the  law  of  nations  is  capable  of  being 
definitely  settled  on  many  points,  on  which  it  is  still  unsettled,  and  that 
88 


698 


APPENDIX. 


190 


the  good  of  the  civilized  world  demands  its  early  establishment  and 
codification,  so  far  as  practicable.  We  reflect  with  alarm  on  the 
admitted  fact,  that  the  points  of  international  law,  on  which  opposing 
views  led  to  our  last  war  with  Great  Britain,  still  remain  unsettled, 
and  may  involve  us  anew  in  hostilities  with  any  future  belligerent 
European  power.  We  believe  that  the  present  interval  of  peace  and 
amicable  relations  between  the  great  powers  of  Christendom  generally, 
would  be  eminently  favorable  to  the  prospective  settlement  of  the 
possible  grounds  of  future  discord  and  hostility.  We  cannot  but  think, 
too,  that  the  same  disposition,  which  has  led  the  principal  powers  of 
Europe,  in  repeated  recent  instances,  to  adjust,  by  amicable  negotia- 
tions, or  by  arbitration,  disputes  which,  a quarter  of  a century  ago, 
would  have  inevitably  issued  in  sanguinary  wars,  would  induce  them 
to  accede  to  any  proposal,  emanating  from  a source  entitled  to  the 
highest  regard  and  deference,  for  the  establishment  of  a code  of 
international  law. 

It  is  mainly  in  this  view  that  we  petition  your  honorable  body  to  take 
into  mature  consideration  the  subject  of  a “ Congress  of  Nations.”  We 
would  respectfully  submit  the  question,  whether  it  be  not  practicable 
for  a body  of  accredited  delegates  from  the  civilized  governments  of 
Europe  and  America  to  be  convened  for  the  establishment  of  certain 
leading  points  of  international  rights,  usage  and  intercourse.  In 
proposing  such  a measure,  and  urging  its  practicability,  we  do  not 
propose  and  urge  an  unprecedented  measure,  or  one  which  requires  any 
unwonted  form  of  negotiation,  in  order  for  it  to  be  carried  into  effect. 
We  are,  perhaps,  unfortunate,  in  having  given  to  this,  our  favorite 
measure,  a new  name.  There  have  often  been  three  or  more  parties  to 
an  international  treaty ; and  such  treaties  have  always  been  negotiated 
by  a “Congress  of  Nations,”  that  is,  by  a convention  composed  of  the 
accredited  represeirtatives  of  the  several  high  contracting  powers. 
Moreover,  individual  points  of  international  law  constitute  a part  or 
the  whole  of  the  subject  matter  of  every  treaty  between  two  or  more 
nations ; and  by  every  treaty,  such  points  are  settled  for  a season 
between  the  parties  to  the  treaty.  The  measure,  in  behalf  of  which  we 
yet  hope  to  see  the  influence  of  our  government  exerted,  is  the 
negotiation  of  a treaty,  to  which  there  shall  be  as  many  parties  as  there 
are  civilized  and  Cliristian  governments,  and  which  shall  embrace  all 
the  points  of  international  law  which  accumulated  precedent  and 
authority  furnish  the  means  of  establishing  to  general  satisfaction. 

We  look  forward  to  the  establishment  of  a system  or  law  of  arbitra- 
tion for  the  settlement  of  future  international  disputes,  as  an  ulterior 
result  of  the  convening  of  such  a “ Congress  of  Nations,”  as  would  be 


191 


APPENDIX. 


699 


held  for  the  purpose  aforesaid.  What  that  system  or  mode  of  adjust- 
ment would  probably  be  — whether  by  the  renewal  from  time  to  time 
witli  judicial  functions  of  the  Congress  originally  convened  for  legisla- 
tive purposes  (to  which  we  are  well  aware  that  there  are  sound  and 
weighty  objections),  or  by  defining,  by  general  treaty,  the  rights, 
powers  and  duties  of  umpires  of  the  respective  parties  to  an  arbitration 
— we  do  not  presume  to  say.  When  we  urge  upon  our  legislators  and 
others  the  project  of  a Congress  of  Nations,  we  include  this  object  of 
the  settlement  of  national  disputes  with  the  more  definite  one  of  the 
establishment  of  a code  of  international  law ; because  the  latter  object 
is  of  course  only  auxiliary  to  the  former,  and  because  the  latter  must 
needs  follow  from  any  train  of  measures  designed  to  carry  the  former 
into  effect 

In  petitioning  your  honorable  body  to  take  this  subject  into  consid- 
eration, we  are  by  no  means  unaware  of  the  respectful  attention  paid 
by  the  last  Congress  to  similar  petitions,  or  insensible  to  the  merits  of 
the  able  and  candid  report  presented  to  the  House  of  Representatives 
June  13,  1838,  by  Mr.  Legare,  from  the  Committee  on  Foreign  Affairs. 
W e are  encouraged  still  to  petition  by  the  very  fact,  that  fonner  peti- 
tions have  not  been  presented  in  vain,  but  have  called  great  and  good 
minds  into  action  upon  a subject  of  so  vital  an  interest. 

We  respectfully  hope  that  ours  and  similar  petitions  may  be  the 
means  of  drawing  out  other  minds  on  the  same  field  of  inquiry  and 
argument;  and  also  of  chronicling  on  the  records  of  Congress  the 
progress,  which  we  are  well  assured  that  the  general  mind  of  the 
American  people  has  made  since  the  presentation  of  the  report  just 
referred  to,  and  which  therefore  its  collective  wisdom  must  indicate. 


No.  13. 

Petition  to  Parliament  by  the  London  Peace  Society. 

The  humble  Petition  of  the  Executive  Committee  of  the  Society  for 
the  Promotion  of  Permanent  and  Universal  Peace, 

Showeth, — That  a Society  for  the  promotion  of  Permanent  and 
Universal  Peace  was  formed  in  London,  in  the  year  one  thousand  eight 
hundred  and  sixteen.  That  this  Society  has  attempted  to  effect  this 
end,  by  diffusing  information  on  the  subject,  showing  that  the  resort 
to  war,  to  settle  questions  of  national  profit  and  honor,  is  a practice 
derived  from  the  barbarism  of  former  ages ; inconsistent  with  the  en- 


700 


APPENDIX. 


192 


liglitened  pliilanthropy  of  the  present  times ; altogether  contrary  to  the 
benign  principles  of  Christianity ; productive  of  extensive  destruction 
of  property,  liberty,  and  human  life,  and  of  many  other  great  miseries 
and  corruptions : and  usually  inefficient  for  the  purposes  for  wliich  it  is 
waged ; and  hence,  that  it  is  incumbent  on  all  civilized,  especially 
on  all  Cliristian  communities,  to  devise  measures  for  its  complete  sup- 
pression. 

Your  petitioners  further  show,  that  societies  have  been  formed  in 
tlie  United  States  of  America,  in  France,  and  in  Switzerland,  for  the 
same  purpose,  wliich  aim  at  this  most  desirable  consunnnation,  by 
precisely  the  same  measures. 

Your  petitioners  take  this  opportunity  to  state,  that  they  liave  been 
strongly  urged,  by  the  American  Peace  Society,  in  consequence  of  the 
dispute  now  existing,  in  reference  to  the  boundary  line  between  the 
United  States  and  tlie  British  territories,  to  unite  with  them  in  endeav- 
oring to  allay  all  angry  passions  and  excited  feelings,  on  a subject 
which  ought  to  be  decided  by  sound  judgment  and  calm  deliberation : 
and  to  use  all  constitutional  means  to  prevent  the  outbreaking  of  war 
between  two  countries,  bound  together  by  so  many  ties  of  principle, 
affection,  and  interest 

Under  a serious  apprehension  of  tlie  danger  of  a catastrophe  so 
awful,  your  petitioners  earnestly  invite  the  calm  consideration  of  your 
honorable  House,  to  the  principles  of  the  acknowledged  religion  of 
this  country,  and  to  those  petitions  in  the  liturgy  of  the  Established 
Church  of  this  nation,  which  pray  for  the  preservation  of  Peace ; and 
they  implore  your  honorable  House  to  use  all  efforts  which  your  wis- 
dom may  devise,  to  prevent  a calamity  so  greatly  to  be  deprecated,  as 
a war  between  two  nations  of  one  blood,  of  one  language,  and  of  one 
religion. 

Your  petitioners  beg  leave  to  express  their  firm  conviction,  that  all 
war  is  opposed  to  the  spirit  and  precepts  of  Christianity,  and  is  contrary 
to  the  true  interests  of  nations ; and  that  the  time  is  come  for  the 
adoption  of  a more  equitable  and  Christian  method  of  settling  interna- 
tional disputes. 

Your  petitioners  therefore  humbly  pray  your  honorable  House  to  de- 
vise such  measures  as  in  its  wisdom  may  seem  best  adapted,  to  induce  all 
governments  to  unite  in  forming  a great  council,  for  the  purpose  of 
settling  the  principles  of  international  law  and  of  organizing  a High 
Court  of  Appeal,  in  which  all  national  disputes  may  be  adjusted. 

And  your  petitioners  will  ever  pray. 

ERRATA. 

Page  145,  line  3,  for  more  read  mere. 

Page  19J,  line  24,  for  whose  read  whom. 


NAMES  OF  SUBSCRIBERS  TO  THIS  VOLUME.=i«= 


o 


ca 

G 

B 


MAINE. 

Q 

Minot, 

Wm.  Ladd, 

20  $100  00 

Danville. 

Edward  Little, 

1 

2 50 

Jolm  B.  Jones, 

1 

2 50 

S.  Cliadburne, 

1 

2 50 

Pickett, 

1 

2 50 

Hallowell. 

Rufus  B.  Page, 

1 

2?^ 

Geo.  Evans, 

1 

2^0 

B.  Nason, 

1 

2 50 

VassalboTO^. 

Thomas  Butman, 

1 

2 50 

Edward  Southwick, 

1 

2 50 

T.  H.  Davis, 

1 

2 50 

Daniel  Howard, 

1 

2 50 

Samuel  Reddinglon, 

1 

2 50 

Daniel  Folsom, 

1 

2 50 

G.  W.  Purrington, 

1 

2 50 

Jacob  Southwick, 

4 

10  00 

Thomas  Carleton, 

1 

2 50 

Pittston. 

James  N.  Cooper, 

1 

2 50 

Samuel  Cutts, 

1 

2 50 

VVm.  Stephens, 

1 

2 50 

Portland. 

Woodbury  Storer, 

1 

2 50 

Joshua  A.  Green, 

1 

2 50 

John  Neal, 

2 

10  00 

Daniel  Winslow, 

1 

2 50 

James  Appleton, 

1 

2 50 

Stephen  Longfellow, 

1 

2 50 

Charles  S.  Davies, 

1 

2 50 

Edward  Fox, 

1 

2 50 

Thomas  Amory  Deblois, 

1 

2 50 

Wm.  Pitt  Fessenden, 

1 

2 50 

R.  A.  L.  Codman, 

1 

2 50 

Joseph  Adams, 

1 

2 50 

Samuel  Fessenden, 

1 

5 00 

Marshall  French, 

1 

2 50 

James  Furbush, 

1 

2 50 

Portland.  P* 


H.  A.  Jones, 

1 

$2  50 

John  Fox, 

1 

2 50 

Wm.  Boyd, 

1 

2 50 

J.  W.  Mighles, 

1 

2 50 

Rebecca  Cross, 

1 

2 50 

Westbrook. 

David  Winslow, 

1 

2 50 

Windham. 

John  Eveleth, 

1 

2 50 

Brunswick. 

David  Dunlap, 

8 

20  00 

Thomas  C.  Upham, 

1 

2 50 

William  Allen, 

1 

2 50 

David  Granger, 

1 

2 50 

Peucinian  Society, 

1 

2 50 

Joseph  Griffin, 

1 

2 50 

Athenaean  Society, 

2 

5 00 

Sidney  Turner, 

1 

2 50 

George  E.  Adams, 

1 

2 50 

Prof.  Packard, 

1 

2 50 

S.  P.  Newman, 

1 

2 50 

Robert  P.  Dunlap, 

1 

2 50 

Readjield. 

W.  E.  Larrabee, 

1 

2 50 

Benj.  B.  Byrne, 

1 

2 50 

Andrew  Walsh, 

1 

2 50 

B.  T.  Tefft, 

1 

2 50 

Stephen  Blether, 

1 

2 50 

South  Orrington. 

Thomas  A.  Nickerson, 

1 

2 50 

Augusta, 

Seth  A.  Beale, 

1 

2 50 

EaM  Livermore. 

Charles  E.  Monger, 

1 

2 50 

Farmington. 

B.  T.  Sprague, 

1 

2 50 

* Among  the  subscribers  to  this  volume  we  have  many  eminent  philanthropists, 
governors  and  lieutenant  governors  of  States,  members  of  Congress  and  State  legisla- 
tures, presidents  and  professors  of  colleges,  principals  of  academies,  D.  D.’s,  reverends, 
M.  D.’s,  lawyers,  and  very  few  indeed  who  have  not  some  title  appended  to  their 
names  ; but  we  have  added  none  of  them,  partly  because  we  were  not  sure  in  all  in- 
stances of  the  proper  title,  and  partly  because  the  time  has  gone  by,  when  men  look  to 
station  rather  than  conduct  for  honor. 


702 


SUBSCRIBERS  NAMES 


Dresden. 

David  B.  Johnson, 

1 

$2  50 

Canaan, 

Albion  S.  Dudley, 

1 

2 50 

Temple, 

Obadiah  Huse, 

1 

2 50 

Phippsburff, 

Mark  L.  Hill, 

1 

2 50 

Ddgcomb, 

J.  T.  Harris, 

1 

2 50 

Saco. 

Stephen  L.  Goodale, 

1 

2 50 

Tristram  Storer, 

1 

2 50 

Thorndike, 

Albert  Shaw, 

1 

2 50 

Limerick, 

Wm.  Swasey, 

1 

2 50 

John  Sanburn, 

1 

2 50 

Charles  Freeman, 

I 

2 50 

John  A.  Morrill, 

1 

2 50 

Calais, 

Timothy  Darling, 

1 

2 50 

South  Bridgion, 
Joseph  P.  Fessenden, 

1 

2 50 

Bangor, 

Edward  Kent, 

1 

2 50 

Jacob  McGaw, 

1 

2 50 

Db^eld, 

Charles  L.  Eustis, 

1 

2 50 

Wm.  N.  Jordan, 

1 

2 50 

Eastport, 

James  P.  Wheeler, 

1 

2 50 

Pownal, 

A.  P.  Chute, 

1 

2.50 

Wiscosset. 

Samuel  Smith, 

1 

2 50 

W.  L.Matthews, 

1 

2 50 

E.  Hilton, 

1 

2 50 

Joshua  Phipps, 

1 

2 50 

VERMONT. 

Windsor, 

N.  C.  Goddard, 

1 

2 50 

JV'ew  Haven, 

R.  Rand, 

1 

2 50 

Jamaica. 

Austin  Parsons, 

1 

2 50 

NEW  HAMPSHIRE. 
Portsmouth, 


A.  W.  Peabody, 

1 

2 50 

Samuel  Lord, 

1 

2 50 

Ichabod  Goodwin, 

1 

2 50 

Joseph  Hurd, 

1 

2 50 

Wm.  Jones, 

1 

2 50 

Samuel  E.  Cowes, 

1 

2 50 

Charles  Cheever, 

1 

2 50 

Alexander  H.  Ladd, 

1 

2 50 

Charles  H.  Ladd, 

1 

2 50 

Frederick  RoWe, 

1 

2 50 

Portsmouth, 


AthiEneum, 

1 

S2  50 

W.  H.  Y.  Hackett, 

1 

2 50 

Mrs.  Augustus  Lord, 

2 

5 00 

Hanover, 

Alpheus  Crosby, 

1 

2 50 

Dartmouth  College, 

2 

5 00 

Exeter. 

John  Lowe,  Jr., 

1 

2 50 

Jeremiah  Smith, 

1 

2 50 

Charlotte  Houston, 

1 

2 50 

Benjamin  Abbot, 

1 

2 50 

Isaac  Hurd, 

1 

2 50 

Gideon  L.  Soule, 

1 

2 50 

George  G.  Odiorne, 

1 

2 50 

T.  Farrar, 

1 

2 50 

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1 

2 50 

Franklin. 

Isaac  Knight, 

1 

2 50 

Dover, 

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1 

2 50 

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1 

2 50 

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1 

2 50 

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1 

2 50 

John  P.  Hale, 

1 

2 50 

Mattthew  Bridge, 

1 

2 50 

Ezra  Perkins, 

1 

2 50 

Horace  Clark, 

1 

2 50 

John  Riley, 

1 

2 50 

Joseph  Smith, 

1 

2 50 

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1 

2 50 

Solomon  Jenness, 

1 

2 50 

Moses  Paul, 

1 

2 50 

Asa  Freeman, 

1 

2 50 

Lucius  Everett, 

1 

2 50 

John  Kingman, 

John  Duxbury, 

1 

2 50 

1 

2 50 

Samuel  Wyatt, 

1 

2 50 

John  H.  Kimball, 

1 

2 50 

Greenland. 

S.  W.  Clark, 

1 

2 50 

William  Pickering, 

1 

2 50 

MASSACHUSETTS, 

Boston. 

Jonathan  Phillips, 

20 

100  00 

Moses  Grant, 

1 

2 50 

Edward  Sayers, 

1 

2 50 

Charles  Stoddard, 

1 

2 50 

Henry  Edwards, 

1 

2 50 

Henry  L.  Sargent, 

1 

5 00 

Charles  Tappan, 

1 

2 50 

B.  F.  White, 

1 

2 50 

John  Baker, 

1 

10  00 

Charles  W.  Weeks, 

1 

2 50 

John  J.  G.  Pike, 

1 

2 50 

Josiah  Colby, 

1 

2 50 

Nathaniel  Rogers, 

1 

2 50 

Eben.  S.  Coffin, 

1 

2 50 

J.  P.  Blanchard, 

1 

5 00 

James  Vila, 

1 

2 50 

George  Odiorne, 

1 

2 50 

J.  D. 'Gardner, 

1 

2 50 

John  Tappan, 

2 

5 00 

Abbott  Lawrence, 

1 

2 50 

Samuel  T.  Armstrong, 

1 

2 50 

Daniel  Safford, 

1 

2 50 

George  Denny, 

1 

2 50 

subscribers’  names.  703 


Boston, 


W.  T,  Eustis, 

1 

$2  50 

J.  Gorham  Rogers, 

1 

2 50 

Lewis  T.  Stoddard, 

1 

2 50 

George  G.  Homer, 

1 

2 50 

Ephraim  Dana, 

1 

2 50 

E.  0.  Emerson, 

1 

2 50 

William  Brigham, 

1 

2 50 

George  W.  Light, 

1 

2 50 

E.  B.  Stetson, 

1 

2 50 

George  Livermore, 

1 

2 50 

Beriah  Loomis, 

1 

2 50 

Pliny  Cutler, 

1 

2 50 

Joseph  Hawkes,  Jr., 

1 

2 50 

T.  R.  Marvin, 

1 

2 50 

Edmund  Quincy, 

1 

2 50 

E.  A.  Andrews, 

1 

2 50 

S.  K.  Lothrop, 

1 

2 50 

William  Sullivan, 

1 

2 50 

Bradford  Sumner, 

1 

2 50 

William  J.  Hubbard, 

1 

2 50 

Jno.  Pickering, 

1 

2 50 

Aniasa  Walker, 

1 

2 50 

Samuel  Culler, 

1 

2 50 

Mary  Ann  Thompson, 

1 

2 50 

Robert  Waterston, 

1 

3 00 

'i’homas  Thompson,  Jr., 

1 

2 50 

G.  H.  Whitman, 

1 

2 50 

J^ewburyport. 

John  Porter, 

1 

2 50 

William  Ashby, 

1 

2 50 

Caleb  Cushing, 

1 

2 50 

Henry  Johnson, 

1 

2 50 

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1 

2 50 

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1 

2 50 

Daniel  Dana, 

1 

2 50 

Jonathan  F.  Stearns, 

1 

2 50 

Thomas  B.  Fox, 

1 

2 50 

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1 

2 50 

East  Bradford, 

Gardner  B.  Perry, 

1 

2 50 

William  S.  Balch, 

1 

2 50 

Nathaniel  Ladd, 

1 

2 50 

Peter  Parker, 

1 

2 50 

JVest  Bradford. 

Nathan  Munroe, 

1 

2 50 

Leonard  Johnson, 

1 

2 50 

Springfield. 

Samuel  Osgood, 

1 

5 00 

Abraham  C.  Baldwin, 

1 

2 50 

Hiram  A.  Graves, 

1 

2 50 

Otis  Lombard, 

1 

2 50 

Oliver  B.  Morris, 

1 

2 50 

Alexander  Bliss, 

1 

2 50 

Solomon  Warriner, 

1 

5 00 

Samuel  Reynolds, 

1 

2 50 

Edward  A.  Morris, 

1 

2 50 

Samuel  Jewett, 

1 

2 50 

Richard  Bliss, 

1 

2 50 

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1 

2 50 

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1 

2 50 

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1 

2 50 

Thomas  Bond, 

1 

2 50 

John  Child, 

1 

2 50 

Daniel  Bontecou, 

1 

2 50 

Lewis  Warriner, 

1 

2 50 

J.  A.  Ames, 

1 

2 50 

R.  A.  Chapman, 

1 

2 50 

Rodolphus  Kinsley, 

1 

2 50 

Asa  Flagg, 

1 

2 50 

Josiah  Hooker, 

1 

2 50 

Amherst. 


Edward  Hitchcock, 

1 

$2  50 

J^ewbury, 

Daniel  Adams,  3d, 

1 

2 50 

Wareham, 

William  Bates, 

1 

2 50 

Lewis  Tenney, 

1 

2 50 

Peter  Mackie, 

1 

2 50 

Ipswich. 

Charles  Kimball, 

1 

2 50 

J^antucket, 

William  Watson, 

1 

2 50 

Richmond. 

George  McNiffin, 

1 

2 50 

Salem, 

B.  F.  Chamberlain, 

1 

2 50 

D.  A.  White, 

1 

5 00 

Geo.  H.  Smith, 

1 

2 50 

Olive  Branch  Circle, 

1 

5 00 

Josiah  Hayward, 

1 

2 50 

Nathaniel  Peabody, 

1 

2 50 

Jno.  Glen  King, 

1 

2 50 

Merrill, 

1 

2 50 

Eben  Shillabcr, 

J 

2 50 

Asahel  Huntington, 

1 

2 50 

L.  Saltonstali, 

2 

5 00 

Elisha  Mack, 

1 

2 50 

Samuel  Holman, 

I 

2 50 

Henry  Grant, 

1 

2 50 

Wm.  Dean, 

1 

2 50 

Joseph  Torrey, 

1 

2 50 

Stephen  Osborne, 

1 

2 50 

John  Howard, 

I 

2 50 

Roxbury, 

L.  M.  Sargent, 

1 

5 00 

Haverhill. 

James  II.  Duncan, 

1 

2 50 

Nathaniel  Gage, 

1 

2 50 

J.  R.  Howe, 

1 

2 50 

G.  Parker, 

1 

2 50 

C.  B.  Le  Bosquet, 

1 

2 50 

Ezekiel  Hale,  Jr., 

1 

2 50 

David  Webster, 

1 

2 50 

David  P.  Harmon, 

1 

2 50 

Andrew  C.  Hammond, 

1 

2 50 

Nathan  Webster, 

1 

2 50 

Geo.  0.  Harmon, 

1 

2 50 

A,  S.  Train, 

1 

2 50 

Samuel  Chase, 

1 

5 00 

Amesbuiy, 

Daniel  C.  Bayley, 

1 

2 50 

Wm.  Cary, 

2 

5 00 

George  W.  Wilson, 

1 

2 50 

James  Horton, 

1 

5 00 

Templeton, 

Ezekiel  Patridge, 

1 

2 50 

Worcester, 

John  Bigelow, 

1 

2 50 

Francis  Thaxter, 

1 

5 00 

Samuel  Burnside, 

1 

5 00 

Joseph  S.  Wall, 

1 

2 50 

B.  Butman, 

1 

5 00 

Lorenzo  Gerrish, 

1 

2 50 

Albert  Tolman, 

1 

3 00 

704 


SUBSCRIBERS  NAMES 


Oloucester. 

Thomas  Haskell,  1 

R.  R.  Hough,  Jr.,  1 

James  A.  B.  Stone,  1 

Win.  Parsons,  Jr.  1 

Rockport, 

Wakefield  Gale,  1 

James  Haskell,  1 

Winchendon. 

Daniel  D.  Morton,  1 

JVeedham. 

Daniel  Kimball,  1 

Walpole* 

Asalicl  Bi»clo\v,  1 

C.  G.  Plimpton,  1 

East  Walpole* 

T.  VV.  Bird,  2 

Cambridge* 

John  H.  Heywood,  1 

H.G.O.  Clark,  ] 

Sidney  Willard,  1 

D.  Mack,  1 

J.  B.  Dana,  1 

W.  Newell,  1 

John  Owen,  5 

H.  Ware,  Jr.,  1 

R.  M.  Hodges,  1 

C.  J.  Wheeler,  1 

B.  T.  Barnett,  1 

E.  A.  Chapman,  1 

J.  Daniels,  1 

C.  C.  Little,  1 

Emory  Willard,  1 

H.M.  Parker,  1 

J^orilijield. 

Oliver  C.  Everett,  1 

Fitchburg* 

Jacob  Caldwell,  1 

Dedham* 

Calvin  Durfee,  1 

Thomas  Driver,  1 

Willard  Eveleth,2d,  1 

Robert  Thomj>son,  1 

Ezra  Morse,  I 

George  Winslow,  1 

John  Morse,  1 

John  L.  Morse,  I 

Joseph  A.  Cushing,  1 

Leominster. 

Rufus  B.  Stebbins,  1 

Beverly. 

Robert  Rantonl,  1 

Henry  Lascom,  1 

Neheiniah  Roundy,  1 

Wm.  S.  Hooper,  1 

John  Saftbrd,  1 

C.  T.  Thayer,  1 

Edward  Burley,  1 

Asa  Woodbury,  1 

Francis  Lamson,  1 

John  G.  Smith,  1 

Cotton  Bennett,  1 

Samuel  S.  Ober,  1 

Danvers. 

Joseph  Tuffts,  Jr.,  1 


Andover* 


Justin  Edwards, 

1 

$2  50 

S.  L.  Rockwood, 

1 

2 50 

W.  B,  Homer, 

J 

2 50 

James  C.  Bryant, 

1 

2 50 

James  M.  Lincoln, 

] 

2 50 

Albert  Abbott, 

1 

2 50 

Wm,  Pierce, 

1 

2 50 

Alonzo  Gray, 

1 

2 50 

Holliston. 

Elisha  Cutler, 

1 

2 50 

Wrentham* 

Melick  Everett, 

1 

2 50 

Howard  Mann, 

1 

2 50 

D.  Metcalf, 

1 

2 50 

Lyman  B.  Larkin, 

1 

2 50 

Scituate* 

John  Beal, 

1 

2 50 

Cohasset. 

Harrison  G.  0,  Phipps, 

1 

2 50 

Woburn. 

Benjamin  Cutter, 

1 

3 00 

Luther  Wright, 

1 

2 50 

Abijah  Thompson, 

1 

2 50 

Artemas  Mead, 

1 

2 50 

A.  K.  Hathaway, 

1 

3 00 

Concord. 

John  Wilder, 

1 

2 50 

Barzillai  Frost, 

1 

2 50 

Samuel  Hoar, 

1 

2 50 

John  Stacy, 

1 

2 50 

Daniel  Shattuck, 

1 

2 50 

John  Keyes, 

1 

2 50 

N.  Brooks, 

1 

2 50 

Nehemiah  Ball, 

1 

2 50 

Southbridfre. 

T.  Sedgwick, 

1 

2 50 

RHODE  ISLAND. 

Providence. 

William  Jenkins, 

1 

10  00 

Francis  Wayland, 

1 

5 00 

CONNECTICUT. 

East  Windsor. 

Jonathan  Cogswell, 

1 

3 00 

Hartford. 

Henry  Barnard,  2d, 

2 

5 00 

NEW  YORK. 

Brooklyn. 

Fred.  West  Holland, 

1 

2 50 

Daniel  Riclmrds, 

1 

2 50 

Lucius  Hyde, 

1 

2 50 

J.  T.  Hildreth, 

1 

2 50 

J^exD  York. 

L.  S.  Wood, 

1 

2 50 

William  Wood, 

1 

2 50 

Orville  Dewey, 

1 

2 50 

Jasper  Corning, 

1 

2 50 

Daniel  Richards, 

1 

2 50 

M.  O.  Robbins, 

1 

2 50 

Charles  Ranton, 

] 

2 50 

$2  50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

5 00 

2 50 

2 50 

2 50 

3 00 

2 50 

2 50 

12  50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2.50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2 50 

2.50 

2 50 

2 50 


SUBSCRIBERS  NAMES 


705 


A'ew  York. 


Joseph  L.  Brigham, 

1 

$2  50 

James  England, 

1 

2 50 

John  11.  Smith, 

1 

2 50 

Elijah  Lewis, 

1 

2 50 

Asa  Page, 

1 

2 60 

Silas  llsley. 

1 

2 50 

N.  VV.  Rees  Rayner, 

1 

2 50 

Anson  G.  Phelps,  Jri, 

] 

5 00 

Theodore  Sedgwick,  Jr., 

1 

2 50 

Thomas  Cock, 

1 

2 50 

William  Tracy, 

1 

5 00 

J.  F.  Duggs, 

1 

3 00 

Jacob  Townsend, 

I 

2 50 

Jobine  J.  Butler, 

1 

2 50 

Joel  Benjamin, 

1 

2 50 

J.  R.  S.  Van  Fleet, 

1 

2 50 

A.  Sealery, 

1 

2 50 

N,  E.  Johnson, 

1 

2 50 

R.  Aikman, 

1 

3 00 

Johnson  Chase, 

1 

2 50 

Allen  C.  Halleck, 

] 

2 50 

John  Biirdell, 

2 

5 00 

James  C.  Hallock, 

1 

3 00 

James  RIcKeen, 

1 

2 50 

Daniel  Rl.  D.  Cameron, 

1 

2 50 

Erastus  Doolittle, 

1 

2 50 

A.  Belden, 

1 

2 50 

J.  T.  Schroeder, 

1 

2 50 

Samuel  Gibson, 

1 

2 50 

T.  J.  Sawyer, 

1 

2 50 

Joseph  Perkins, 

1 

2 50 

John  Granger, 

1 

2 50 

James  G.  Birney, 

1 

2 50 

D.  Stephens, 

1 

2 50 

Giistavus  W.  Reynolds, 

1 

2 50 

William  Emerson, 

2 

5 00 

Robert  W.  S.  Mackey, 

1 

2 50 

E.  Parmley, 

1 

2 50 

George  Cragin, 

1 

2 50 

Benjamin  Crombie, 

1 

2 50 

William  11.  Chauncy, 

1 

2 50 

J.  S.  Redfield, 

1 

2 50 

Alexander  Gould, 

1 

2 50 

A.  R.  Train, 

1 

2 50 

James  Orrington, 

1 

2 50 

Richard  Reed, 

1 

2 50 

T.  D.  Allen, 

1 

2 50 

Joseph  J.  Sanger, 

2 

5 00 

William  T.  Mott, 

1 

2 50 

Bradford  Rogers, 

1 

2 50 

Peter  Westervelt, 

] 

2 50 

E.  W.  Cleveland, 

1 

2 50 

H.  n.  Porter, 

1 

2 50 

H.  D.  Robinson, 

1 

2 50 

W.  Budd, 

1 

2 50 

Anson  Willis, 

] 

2 50 

Sylvester  Tuttle, 

1 

2 SO 

Uzal  Allane, 

1 

2 50 

James  Egbert, 

1 

2 50 

J.  W.  Howard, 

1 

2 50 

Ely  Moore, 

1 

2 50 

Isaac  N.  Walter, 

1 

2 50 

James  0.  Pond, 

1 

2 50 

H.  Q.  Andrews, 

1 

2 50 

Craighead  & Allen, 

1 

2 50 

M.  Hewett, 

1 

2 50 

William  Brown, 

1 

2 60 

Addison  Hull, 

1 

2 50 

NEW  JERSEY. 

J^Tetoark. 

Alexander  Dougherty,  1 2 50 


J^ewark. 


Jehu  C.  Nuttman, 

1 

$5  00 

J.  M.  VVeads, 

1 

2 .50 

Wm.  G.  Lord, 

1 

2 50 

James  Carnes, 

J 

2 50 

John  Morehaus, 

1 

2 50 

A.  P.  Ely, 

1 

2 50 

Charles  T.  Day, 

1 

5 00 

Mechanics’  Association, 

J 

2 50 

H.  C.  Halsted, 

1 

2 50 

Joseph  A.  Martin, 

1 

2 50 

Wm.  R.  Weeks, 

1 

2 50 

A.  C.  Eddy, 

1 

2 50 

Aaron  Baldwin, 

1 

2 50 

S.  B.  Treat, 

1 

2 50 

H.  T.  Wilcox, 

1 

2 50 

W'm.  Halney, 

1 

2 50 

Samuel  Davis, 

1 

2.50 

Stephen  B.  Ailing, 

1 

2 50 

Abraham  Cross, 

1 

2.50 

E.  H.  Van  Winkle, 

1 

2 50 

Asa  Whitehead, 

1 

2 50 

diaries  Taylor, 

1 

2 50 

Cliiistopher  Reese, 

1 

2.50 

Ural  J.  Tuttle, 

1 

2 50 

A.  Armstrong, 

1 

2 50 

John  Hartshorne,  Jr., 

1 

2 50 

Thaddeus  Lyman, 

1 

2 50 

S.  M.  Graham, 

1 

2 50 

Albert  Pierson, 

1 

2 50 

Orange. 

Calvin  Stiles, 

1 

2 50 

Wm.  Delliim, 

1 

2 50 

Timothy  Williams, 

1 

2 50 

G.  A.  Dodd, 

1 

2 50 

George  Freeman, 

1 

2 50 

George  W.  Packard, 

1 

2 50 

Calvin  Todd, 

1 

2 50 

J.  S.  Gallagher, 

1 

2 50 

Barney  N.  Rowley, 

1 

2 50 

Lewis  Baldwin, 

1 

2 50 

Bloomfield. 

Charles  Parsons, 

J 

2 50 

Princeton. 

John  M’Clean, 

1 

2 50 

Plainfield. 

Zechariah  Webster, 

1 

2.50 

Joel  Kingsley, 

1 

2 50 

Jonathan  H.  Crag, 

1 

2 50 

Burlington. 

James  Dean, 

4 

10  00 

PENNSYLVANIA. 

Philadelphia. 

Charles  Chauncy, 

1 

10  00 

Samuel  C.  Banting, 

1 

2 50 

Davis  Orum, 

1 

2 ,50 

Joshua  L.  riallowell. 

1 

2 50 

Wm.  S.  Crabb, 

1 

2 50 

Caleb  Clothier, 

1 

2 50 

Robert  Clephan, 

1 

2 50 

James  Mott, 

1 

2 50 

Warner  Justice, 

I 

2 50 

Wm.  D.  Parish, 

1 

2 50 

James  M.  Jackson, 

1 

2 50 

Charles  B.  Roberts, 

1 

2 50 

Wm.  Niebals, 

2 

5 00 

Charles  Raynor, 

1 

2 50 

706 


SUBSCRIBERS  NAIMES 


Thomas  Taylor  Reilcher, 

1 

S2  50 

Ehenezer  Levick, 

1 

2 50 

Isaac  Gouts, 

t 

2 50 

L.  S.  Haskell, 

1 

2 50 

Isaac  Collins, 

2 

5 00 

Daniel  L.  Miller,  Jr., 

1 

2 50 

G.  Pickering, 

1 

2 50 

R.  Ralston, 

1 

2 50 

Horace  Binney, 

1 

2 50 

JSTorrU'totcn. 

Joseph  Thomas, 

1 

5 00 

N.  B.  Boileaii, 

1 

5 00 

Samuel  Dorrance, 

1 

2 50 

Win.  M.  Hough, 

1 

2 50 

Robert  Iredell, 

1 

2 50 

James  C.  Hepburne, 

1 

2 50 

Carlisle, 

Wm.  II.  Reynolds, 

1 

4 00 

John  L.  Carey, 

1 

2 50 

T.  V.  Moore, 

1 

2.50 

John  Zug, 

1 

2 50 

Society  of  Equal  Eights, 

1 

2 50 

Wm.  Cross, 

1 

2 50 

Robert  Emory, 

I 

2 50 

Merritt  Caldwell, 

1 

$2  50 

Wm.  H.  Allen, 

Q 

5 00 

Belles  Lettres  Library, 

1 

3 00 

Hanisburtr, 

S.  D.  Tnoram, 

1 

2 50 

A.  R.  Fanestock, 

1 

2 50 

James  Jeffries, 

1 

2 50 

James  W.  Wier, 

1 

2 50 

Robert  Shannon, 

1 

2 50 

Oermantown. 

Wm.  Cullom, 

1 

Q50 

Wm.  N.  Shell, 

1 

2 50 

Samuel  B.  Morris, 

2 

50  00 

GEORGIA. 

Savannah. 

Geo.  B.  Cummings,  2 5 00 

ENGLAND. 

London.  : 

J.  G.  Gurney,  1 100  00 

J.  S.  Buckingham,  1 2 50 


The  London  Peace  Society  have  engaged  to  take  250  copies,  in  sheets.  Tlie  follow- 
ing orders  have  been  received  by  the  Committee,  to  be  supplied  from  the  number 
named  above. 


NAMES. 

RESIDENCE. 

COPI: 

Albright,  William, 

Cfiarlbary, 

1 

Albright,  Nichol.as, 

Do., 

1 

Ale.xander,  William, 

York, 

3 

Anderson,  David, 

Driffield,  Yorkshire, 

1 

Armistead,  William, 

Leeds, 

1 

Ashby,  Charles, 

Staines, 

1 

Barrett,  Richard, 

Croydon, 

1 

Bennet,  George, 

Hackney, 

1 

Bowley,  Christopher, 

Cirencester, 

1 

Brewin,  Charles, 

Birmingham, 

2 

Brockway,  Alexander, 

London, 

1 

Cash, Joseph, 

Covent7y, 

1 

Christy,  Joseph, 

Stockport, 

1 

Crowley,  Charles, 

Croydon, 

2 

Exton,  Willi, am. 

Hitchin, 

4 

Feaston,  Thomas  P., 

Tavistock, 

4 

Feaston,  Rev.  J.  T., 

Exeter, 

3 

Godlee,  Burwood, 

Lewes, 

1 

Hanbury,  Cornelius, 

London, 

1 

Hargreaves,  Rev.  James, 

Waltham  Abbey, 

1 

Harry,  Rev.  N.  M., 

London, 

1 

Holdsworth,  Samuel, 

Wakefield, 

4 

Holmes,  William, 

London, 

1 

Hotham,  James, 

Leeds, 

1 

Jewitt,  Robert, 

Leeds, 

1 

Ladies’  Association, 

Lymington, 

4 

Marsden,  Robert, 

Regent^s  Park, 

5 

Martin,  Henry, 

Bromyton,  Kent, 

1 

Miles,  ISdward, 

London, 

1 

Neave,  Josiah, 

Fordingbridge, 

1 

Pitman,  Isaac, 

Bath, 

1 

Post,  Jacob, 

Islington., 

1 

Pyne,  Rev.  Thomas, 

Hackney, 

1 

Rowton,  Nathaniel, 

Coventiy, 

1 

Richardson,  Edward, 

J^ewcastle, 

I 

Rigaud,  Stephen, 

Pembroke, 

1 

Sanderson,  T.  P., 

Leeds, 

1 

Tabor,  George, 

Backing, 

1 

Tabor,  William, 

London, 

1 

Tanner,  William, 

Cheddar, 

1 

Tothill,  William, 

Staines, 

1 

W’alker,  Robert, 

Leeds, 

1 

Walker,  Thomas, 

Leeds, 

1 

Watson,  Rev.  George, 

Chigwcll, 

1 

Warner,  John, 

London, 

2 

Wickes,  William, 

Cambridge, 

1 

Wood,  George, 

Bath, 

1 

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